Updated on July 10th, 2019
The following Terms and Conditions (these “Terms”) apply to the use of the website located at https://www.lecultureclub.com/, or any online features, web based application, mobile based applications, products, services and/or programs (collectively, the “Services”) offered by Le CultureClub, Inc. (“LeCC,” “we,” “our,” or “us”). These Terms are a binding contract between you and LeCC. You must agree to, and accept, all of these Terms, or you will not have any right to use the Services. By visiting our website, web based application, mobile application, or by using our products, services and/or programs, and/or purchasing something from us, you engage in our Services and agree to be bound by these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, and/or merchants. Please read these Terms carefully before accessing or using our Services. If you do not agree to all the terms and conditions of these Terms do not access or use any of the Services.
PLEASE NOTE THAT, AS SET FORTH IN SECTION 11, YOU AGREE TO RELEASE LECC FROM ANY LIABILITY THAT MAY RESULT FROM YOUR USE OF ANY PRODUCTS OFFERED FOR SALE, OR PURCHASED BY YOU, ON OR THROUGH THE SERVICES. PLEASE NOTE THAT, EXCEPT AS PROVIDED BELOW, THESE TERMS REQUIRE THAT ALL DISPUTES BE RESOLVED THROUGH USE OF AN ARBITRATION SERVICE. YOU HEREBY AGREE THAT ALL DISPUTES ARISING FROM, RELATED TO, OR IN CONNECTION WITH YOUR USE OF THE SERVICES OR PURCHASE OR ANY PRODUCTS WILL BE RESOLVED IN ACCORDANCE WITH THE ARBITRATION AND GOVERNING LAW PROVISIONS SET FORTH IN SECTIONS 18 AND 19 BELOW.
How The Services Works. LeCC takes a curated approach to skincare by offering products and Services that better catered to an individual’s skincare needs.
License to use the Services.
Use of the Services. Subject to these Terms, LeCC hereby grants you a non-transferable, non-exclusive, limited license to use and access the Services for your personal use. By merely providing you access to, and use of, the Services, we do not warrant or represent that: any statement, documents, images, graphics, logos, designs, information, review, audio, video, recommendation, description, or any other information provided from or on the Services (collectively, the “Content”) is accurate or complete; the Content is up-to-date or current; we have any obligation to update any Content; the Content is free from technical inaccuracies or programming or typographical errors; the Content is free from changes made by third parties; your access to the Services will be free from interruptions, errors, computer viruses or other harmful components; and/or any information obtained in response to comments or questions asked through the Services is or will be accurate or complete.
Restrictions on Use. When using the Services, you may not: remove or obscure any copyright, trademark, digital watermarks, proprietary legends or other proprietary notices from any portion of the Service or any Content contained therein; reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, or any aspect of them, except as expressly permitted by us; copy, rip, or capture any content encountered on the Services, including bulk copying or "scraping" any portion of the Services' content using a bot or other tool.decompile, reverse engineer, jeopardize the correct functioning of the Services, or disassemble the Services, or otherwise attempt to derive the source code of the software (including the tools, processes, methods, and infrastructure) that enables or underlies the Services, except as may be permitted by applicable law; cause or launch any programs, spiders, robots, or scripts or other automatic or manual devices or processes for the purpose of extracting, scraping, indexing, surveying, or otherwise data mining any portion of the Services, or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; attempt to gain unauthorized access to or impair any aspect of the Services, or the related systems, servers, or networks; use the Services to stalk, harass or harm another individual, or in any way that is in violation of any law or regulation; impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity; use any portion of the Services or any Content in any manner that may give a false or misleading impression, attribution, or statement as to us or any other person or entity; post work that is not your own or plagiarizing other people’s work; use the Services to promote violence, degradation, subjugation, discrimination or hatred against individuals or groups based on race, color, ethnicity, national origin, age, gender, gender identity, gender expression, sexual orientation, disability, physical appearance, body size, or religion; oruse the Services for any unlawful activities or in violation of any laws, regulations, or contractual provisions, or to induce others to do or engage in the same; use or upload content that is false, defamatory, libelous, hateful, violent, obscene, pornographic, invasive of another’s privacy, infringing of another’s intellectual property rights, unlawful, or otherwise offensive, as determined by LeCC in its sole discretion.
Ownership of the Services and Content. The ownership of the Services, Content, and all rights in them are and will remain with LeCC. You may view, copy or print a single copy of any page from the Services for personal, non-commercial purposes if you do not remove, modify, or alter any copyright or proprietary rights notices that may be present. You may not otherwise use, modify, copy, print, display, distribute, publish, or sell any information, images, Content, that you obtain from the Services without our express, prior, written consent. Any special rules for any software, downloads, or other items accessible through the Services may be included elsewhere in the Services and are incorporated into these Terms by reference.
User Content. User Content. The Services may now or in the future permit you to upload or post to LeCC or otherwise submit to LeCC various forms of content, such as public profile information, statements, reviews, ratings, opinions, information, text, graphics, questions, suggestions, messages, comments, feedback, ideas, notes, drawings, articles, stories about you, or any other content of any kind whatsoever that you publish to the Services (collectively, “User Content”).
User Content Rights. You warrant to LeCC that you own all rights in your User Content or all third party holders of rights in your User Content have validly and irrevocably granted to you the right to grant the rights and licenses set forth above. By submitting any User Content in any form to LeCC, in addition to other provisions of these Terms, you automatically grant LeCC, its parent companies, subsidiaries, affiliates, successors and assigns, a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, sublicensable and assignable right and license to use, copy, reproduce, license, sublicense, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, and/or display such User Content, without further notice to you, or consent from you, and without any requirement to pay anything to you or anyone else.
User Content Responsibility. We reserve the right, in our sole discretion, to review and approve User Content before or after it is made available to other users of the Services. Please remember that, even if we review your User Content, you will be solely responsible for your User Content and the consequences of posting or publishing it. We do not endorse any User Content or any opinion, recommendation, or advice expressed on or through the Services, and we expressly disclaim any and all liability in connection with User Content. You acknowledge that LeCC, our site moderators and our agents reserve the right, in our sole discretion, to refuse, move, and/or remove User Content available on or through the Services for any reason or no reason, including, but not limited to, when User Content, in our judgment, does not comply with these Terms and any other rules of user conduct applicable to our Services, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such User Content. You represent and warrant that neither your User Content nor your uploading, publishing or otherwise making available your User Content nor LeCC’s use of your User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Disclaimer. You are responsible for establishing such procedures as you deem appropriate to verify the accuracy of data that you transmit using the Services, and we will have no obligation to verify the accuracy of that data. While we reserve the right to review any and all User Content made available through the Services, you will remain responsible for your User Content. Your use of the Services is subject to the additional disclaimers and caveats that may appear throughout the Services. LeCC is not responsible for an individual’s submissions, the quality of critiques and other actions of individual users.
Updates. We may make changes to the Services, the Content, the User Content and/or these Terms or stop providing any of the Services and/or the Content at any time and without further notice to you. We will make an effort to update the Services with any changes to these Terms, and you are encouraged to review these Terms frequently (the date of the most recent revision to these Terms appears at the end of these Terms). If we believe an amendment is material, we will notify you by a notification through the Services and/or by e-mailing the e-mail address you provided to us, if you have provided one. Your continued access or use of the Services after changes have taken effect constitutes your consent to be bound by the Terms, as amended.
User Account, Password and Security. To the extent that a user account is created by you to access and use the Services (“User Account”), the following will apply:
User Account. To access certain features, Content and/or User Content available through the Services, we may require that you sign up for a user account or sign up through a social media account that you can link to the Services or by using your first name, last name, email address and a password to create a User Account and profile about you (a “Profile”). If you do not create a User Account and Profile, you may not have access to certain functionality of the Services. We use reasonable precautions to protect the privacy of your username, password, and User Account information. You, however, are ultimately responsible for protecting your username, password, and User Account information from disclosure to third parties. You agree to: (i) immediately notify us of any unauthorized use of your username, password, or User Account, or any other breach of security; (ii) ensure that you exit from your User Account at the end of each session; and (iii) use a security passcode to secure your device where your User Account information is stored. While we may provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet or other wireless connections, is secure, or that such transmissions are free from delay, interruption, interception or error.
Accurate Information. In creating and using your User Account and Profile, you agree to: (i) provide true, accurate, current, and complete information about yourself on any registration form required for the Services, including, but not limited to, your full name and email address (such information being the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, then we have the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account.
Non-Transferability of User Account. Each user is only permitted to have one User Account. User Accounts and usernames are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Services with his or her username and password. You agree that you are solely responsible for activity that occurs under your User Account. We are entitled to act on all instructions received by anyone using your User Account, and we reserve the right to pursue any and all claims against any user of your User Account.
Account Deactivation. We reserve the right to deactivate or cancel a User Account in our sole discretion, for no reason or for any reason, including for any of the following reasons: (i) you request such deactivation; (ii) the user of the account is deceased; (iii) you do not respond to repeated communication attempts regarding the status of your User Account; (iv) you fail to make payments related to your User Account (if applicable); (v) you reside in or relocate to a country where use of a User Account is prohibited under applicable law; (vi) you act in a fraudulent or an inappropriate manner while using the User Account; and/or (vii) for any reason, or no reason, as determined by LeCC. You will be responsible for all charges incurred up until the time the account is deactivated, if applicable.
Objectionable Material. You acknowledge that, in using the Services and accessing the Content and/or the User Content, you may encounter material that you deem to be disturbing, offensive or objectionable. You agree to use the Services at your sole risk and that we will have no liability to you for material that may be disturbing, objectionable or offensive to you.
Not Intended for Children and Other Age Requirements. The Services are not intended for individuals under the age of 16 years old. If you are under 16 years of age, you are not permitted to use the Services. By using the Service, you confirm that you are at least 16 years of age. If you are at least 16 years of age but under 18 years of age, you may only sign up n/d or use the Services with the consent of a parent or legal guardian and confirm that you have such consent and that you shall abide by and comply with these Terms. If you are at least 18 years of age or older, you confirm that you are fully able and competent to enter into the terms, conditions, obligations, confirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
Products. LeCC may offer products or services for sale through the Services(each, a "Product"). The products offered for sale are available while supplies last. Certain Products offered through the Services may be available exclusively online. These Products may have limited quantities and are subject to return or exchange only according to our Return Policy. To view our Return Policy, visit https://love.lecultureclub.com/blogs/news/return-policy. We will take efforts to display as accurately as possible the colors and images of the Products. The images and photographs are meant to assist you and for information purposes only, but cannot warrant or guarantee that what is posted or displayed through the Services but cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Product that we offer. All descriptions of Products or Product pricing are subject to change at any time without notice, at the sole discretion of LeCC. We reserve the right to discontinue any Product at any time. Any offer for any Product made on this site is void where prohibited. Except as set forth in our Return Policy, we do not warrant that the quality of any Product, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected.
Billing and Account Information. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same Account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You may not purchase any Product for resale by you or any other person. You agree that you are solely responsible for activity that occurs under your account. We are entitled to act on all instructions received by anyone using your account, and we reserve the right to pursue any and all claims against any user of your account.
Optional Tools. You may be able to use optional tools offered through the Services, such as shipping services for returns. Use of these optional services is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
Billing & Payment.
Purchases. If you purchase any Products from us, you agree to pay for those Products at the stated prices. All prices listed are subject to change. We reserve the right to correct any misprints or errors in pricing and to make any revisions as necessary or advisable. Additional terms related to pricing and other fees associated with your use of the Products may be set forth on the Services, and you agree to abide by those additional terms.
SUBSCRIPTION BASED SERVICES.
Subscription Service & Billing: The Services may allow you to enroll in a subscription based membership or features (“Subscription Services”). If you enroll in LeCC’s Subscription Services, you acknowledge that all subscription services are a one year commitment. If you enroll in LeCC’s Subscription Services, you authorize LeCC or its payment processor to charge the applicable recurring subscription fees to your designated billing payment method. When you initially subscribe to such Subscription Services, you may be charged immediately for the initial period of the subscription at the then-current fee or you may be charged monthly for the initial Subscription Term. Some of the Subscription Services may consist of an initial period, for which there is a one-time charge, followed by recurring periodic charges as specified on the Services. By choosing a recurring payment plan, you acknowledge that such Subscription Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Subscription Services you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change your Subscription Services at any time, go to your Account or contact customer service at email@example.com. If you terminate a Subscription Service, you may use your subscription until the end of your then-current term. Your subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. WE MAY SUBMIT PERIODIC CHARGES FOR SUBSCRIPTION-BASED PAID SERVICES (E.G., MONTHLY OR ANNUAL FEES) WITHOUT OBTAINING ANY FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE COULD REASONABLY ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD.
Canceling Subscription Services: To cancel your subscription, contact firstname.lastname@example.org no less than 30 days prior to the next billing period. We will review your request for cancellation. If cancelation notice is submitted less than 30 days from the next billing cycle, that remaining charge will still be due. Once you have cancelled your subscription, LeCC will stop billing you after the term for which you are billed expires and until and unless you re-subscribe under your Account or any other. Any and all fees paid and charges made prior to cancellation or termination of your account are nonrefundable. If you have a recurring monthly subscription, all subscription amounts previously paid – including the amount paid for the period (i.e. year) in which the cancellation occurs – are nonrefundable.
Trial Period: LeCC may provide you with the option to enroll in a free trial offer of our Services. The free trial offer is governed by the Terms, and the terms presented to you when you sign up for the offer. Some of our free trial offers may convert to a paid subscription if you do not cancel before the free trial ends. In those circumstances, we may ask you to provide an applicable billing payment method to register for the free trial offer to the subscription service provided on or through the Services. You agree that LeCC may obtain a pre-authorization for the full subscription price that you will be automatically charged if you complete the free trial and continue the Subscription Service. It is possible that some financial institutions may perceive these requested amounts as actual pending charges. These are not actual charges, and you agree that LeCC will not be responsible for any results, such as an overdraft fee, that may occur to your account with a financial institution as a result of such authorizations. If you cancel your subscription during the free trial, you will not be charged for the subscription price. Once the free trial is over or ends, you authorize LeCC to continue your subscription until cancelled and, to charge the payment method you provided the then-current monthly cost of your subscription if you do not cancel during the free trial period. Any free trial or other promotion must be used within the specified trial period. You must stop using a Subscription Services and cancel your Subscription before the end of the trial period in order to avoid being charged for that Subscription Services after your trial period ends. If you cancel prior to the end of the trial period and are inadvertently charged, please contact us at email@example.com.
Pilot Period: LeCC may provide a three month pilot option to enroll in a paid trial of our Services. The pilot period offer is governed by the Terms, and the terms presented to you when you sign up for the offer. Pilot offer may convert to a full annual subscription if you do not cancel before the pilot period ends. You agree that LeCC may obtain a pre-authorization for the full subscription price that you will be automatically charged if you complete the pilot period and continue the Subscription Service. If you cancel your subscription during the pilot period, you will not be charged for the subscription price. Once the pilot period is over or ends, you authorize LeCC to continue your subscription until cancelled and, to charge the payment method you provided the then-current monthly cost of your subscription if you do not cancel during the pilot period. Any pilot period or other promotion must be used within the specified pilot period. You must stop using a Subscription Services and cancel your Subscription no less than 30 days before the end of the pilot period in order to avoid being charged for that Subscription Services after your pilot period ends. If you cancel prior to the end of the pilot period and are inadvertently charged, please contact us at firstname.lastname@example.org.
Unacceptable Payment Methods. If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem that we (or our third-party payment processor) may encounter in order to proceed with your Order. You acknowledge that the amount billed may vary due to promotional offers, changes in the Services, or changes in applicable taxes or other charges, and you authorize us (or our third-party payment processor) to charge your payment method for the corresponding amount.
Pricing and Availability. All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. Prices may be adjusted at any time and for any reason, or no reason, and without providing you prior notice. Products are subject to availability, and we reserve the right to cancel all or part of any Products and/or Services and to discontinue making certain products and/or Services available without prior notice.
DISCLAIMERS & INDEMNIFICATION.
No Warranties for Services. We make no warranty concerning the delay, failure, interruption, or corruption of any data, the Content, the User Content or any other information transmitted in connection with the use of the Services. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES, THE CONTENT, AND THE USER CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS THESE WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES, THE CONTENT, THE USER CONTENT, OR ANY SERVICES OR FEATURES OFFERED IN CONNECTION WITH THE SERVICES ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB PAGES ACCESSIBLE ON OR THROUGH THE SERVICES, OR THE SERVERS USED IN CONNECTION WITH THE SERVICES, ARE OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR THE SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. WE MAKE NO REPRESENTATION OR WARRANTY REGARDING GOVERNMENT COMPLIANCE OF ANY SOFTWARE USED IN RUNNING THE SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER PERSONS AND PARTIES WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES (E.G., THIRD PARTY PROVIDERS, RESTAURANTS, PEOPLE). YOU UNDERSTAND THAT LECC DOES NOT TAKE RESPONSIBILITY FOR SCREENING OR INQUIRY INTO THE BACKGROUND OF ANY USERS OF THE WEB PROPERTIES, NOR DOES LECC VERIFY OR TAKE RESPONSIBILITY FOR THE STATEMENTS, ADVICE OR RECOMMENDATIONS OF ANY SUCH USERS OF THE WEB PROPERTIES. YOU ACKNOWLEDGE THAT LECC IS NOT LIABLE TO YOU OR ANY PERSON FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON THE INFORMATION INCLUDED IN THE SERVICES AND LECC IS NOT LIABLE TO ANY USER OR PERSON FOR ANY HARM CAUSED BY THE NEGLIGENCE OR MISCONDUCT OF ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, A THIRD PARTY PROVIDER), WHETHER OR NOT RELYING UPON INFORMATION COLLECTED, GENERATED, OR STORED VIA THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LECC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY INJURY, ILLNESS, OR OTHER HEALTH ISSUES RESULTING FROM THE CONSUMPTION OF INGREDIENTS TO WHICH YOU OR A MEMBER OF YOUR HOUSEHOLD IS OR MAY BE ALLERGIC EVEN IF SUCH INFORMATION IS INCLUDED AS PART OF THE INFORMATION YOU SUBMIT TO THE SERVICES. YOU ASSUME ALL RISK ASSOCIATED WITH THE PRODUCTS PURCHASED OR OBTAINED THROUGH THE SERVICES AND YOU HEREBY RELEASE LECC AND ALL OF ITS REPRESENTATIVES FROM ANY CLAIMS, CAUSES OF ACTION, INJURY OR OTHER LIABILITY ARISING FROM OR RELATED TO YOUR, PURCHASE AND/OR USE OF THE PRODUCT(S).
No Medical or Professional Advise. Neither LeCC nor the Services are rendering or providing any health care services or any scientific, medical, or other professional opinions or services on any of subject discussed on or accessible through the Services, and LeCC will not be liable to you or to anyone for any act or failure to act relating to any advice provided on, or through, the Services, whether that advice is included in the Content provided by us or the comments or discussions of other users of the Services. We are not responsible for events arising from the distribution of any information that you choose to publicly post or share through the Services. We will not be liable to anyone for any act or failure to act relating to any information available on or through the Services, in addition to any limitation of liability provisions contained elsewhere in these Terms. You shall not use the Services as a substitute, or instead, of professional medical advice.
Indemnification. You agree to defend, indemnify, and hold harmless LeCC and our directors, officers, employees, agents, successors and assigns from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses, and costs (including, but not limited to, reasonable attorneys’ fees) assessed or incurred by us, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; (iii) your use of the rights granted hereunder, including, but not limited to, any claims made by any third parties against LeCC as a result of your use of the Services; and/or (iv) any claim that your User Content caused damage to or violated the rights of a third party.
Network Access and Devices. You are responsible for obtaining the data network access necessary to use the Services. If you are accessing the Services on your mobile device, your network’s data and messaging rates and fees may apply. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. We do not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, all Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Limitation of Liability. IN NO EVENT WILL WE, OR OUR AFFILIATES, OR ANY OF OUR RESPECTIVE LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, AGENTS, SUCCESSORS, ASSIGNS, PARENTS, SUBSIDIARIES OR OTHER REPRESENTATIVES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES, THE CONTENT, PRODUCT(S), AND/OR THE USER CONTENT PROVIDED IN CONNECTION WITH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, THE CONTENT, PRODUCT(S) AND/OR ANY USER CONTENT PROVIDED ON OR THROUGH THE SERVICES. IN ADDITION, WE WILL NOT BE LIABLE FOR ANY NEGATIVE REPERCUSSIONS TO ANYONE BASED ON THE USE OF OR INABILITY TO USE THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY LOST GOODWILL, LOST PROFITS, LOST OPPORTUNITY OR LOST REVENUES. WE ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, OR PROPERTY DAMAGE CAUSED BY YOUR USE OR MISUSE OF THE SERVICES, PRODUCTS NOT MADE BY US AND/OR ANY CONTENT. WE ARE NOT RESPONSIBLE FOR: (A) INACCURACIES OR ERRORS IN OR OMISSIONS FROM THE CONTENT; (B) DELAYS, ERRORS, OR INTERRUPTIONS IN THE TRANSMISSION OR DELIVERY OF THE CONTENT; OR (C) LOSS OR DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR BY ANY REASON OF NONPERFORMANCE. REMEDIES UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR ENTIRE LIABILITY SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SERVICES YOU RECEIVE USING THE SERVICES AND THE CONTENT. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS THAT MAY VARY FROM ONE STATE OR JURISDICTION TO ANOTHER.
Third Party Content and Third Party Applications. We may provide hyperlinks to other websites maintained by third parties, or we may provide third party content on the Services by framing or other methods (collectively, “Third Party Content”). In addition, the Services may include certain applications, features, programs and services provided by third parties (collectively, “Third Party Applications”). We do not monitor Third Party Content or Third Party Applications and can make no guarantee as to the accuracy or completeness of such Third Party Content or Third Party Applications. The links to third party websites, any Third Party Content, and any Third Party Applications are provided for your convenience and information only. The content on any linked website or in any Third Party Application is not under our control and we are not responsible for the content of linked websites and/or Third Party Applications, including any further links contained in a third party website. We make no representation or warranty in connection with any Third Party Content or Third Party Application, which at all times and in each instance is provided “as is.” If you decide to access any of the third party websites linked to the Services, any Third Party Content, and/or any Third Party Application, you do so entirely at your own risk. If a third party links or refers to the Services, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture, or partnership by or with us. In most cases, we are not even aware that a third party has linked to or refers to the Services.
Intellectual Property. The Content provided through the Services is intellectual property owned, controlled and/or licensed by us and/or our affiliates, or intellectual property that we are legally permitted to access and use. All applicable intellectual property laws, including copyright laws, protect our rights in and to the Content. No portion of the Content and/or User Content may be reproduced in any form or by any means, except as provided in these Terms. We are the owner or authorized licensee of, or are otherwise permitted to use, all trademarks, service marks, and logos used and displayed by us on the Services. All trademarks and service marks of LeCC that may be referred to on the Services are the property of LeCC or one of our affiliates. Other parties’ trademarks and service marks that may be referred to on the Services are the property of their respective owners. Nothing on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our, or our affiliates’, trademarks, service marks, logos, or copyrighted materials without our prior written permission.
When notifying us of potential infringement, you must include the following:
identification of the copyrighted work(s) claimed to have been infringed. If multiple copyrighted works are involved, then a representative list of those works on the Services;identification of the allegedly infringing material that is to be removed;information reasonably sufficient to permit us to locate the allegedly infringing material on the Services;contact information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, or email address;a statement that the complaining party has a good faith belief that use of the material is in fact infringing and not authorized by the copyright owner, its agent, or the law;a statement, made under penalty of perjury, that the information set forth in the notification is accurate and, where relevant, that the complaining party is authorized to act on behalf of the copyright owner; and the signature, physical or electronic, of the copyright owner or a person authorized to act on his or her behalf.
A provider of content subject to a claim of infringement may make a counter-notification. To file a counter-notification with us, please provide the DMCA Agent with a written communication containing the following:identification of the allegedly infringing material that was removed or disabled;a statement that, under penalty of perjury, you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your postal address is located, and that you will accept service of process from the party who submitted the infringement notification or his, her, or its principal or agent; andthe signature, physical or electronic, of you or a person authorized to act on your behalf.
We will promptly provide the party that provided the notice of alleged infringement with a copy of the counter-notification, and inform the complaining party that we intend to restore the removed or disabled content within ten (10) business days. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of the counter-notification, we will restore the removed or disabled content. Until that time, your content will remain removed or disabled.
Notice of alleged infringement must be sent by electronic mail to our DMCA Agent, Mandi Nyambi, or by certified mail and marked “Copyright Infringement”, Attn: DMCA Agent Mandi Nyambi.
Before filing notice of copyright infringement, you must make a careful determination as to whether or not the use of the material at issue is or may be protected by the “fair use” doctrine. You could potentially be held liable for costs and attorneys’ fees should you file a takedown notice where there is no infringing use. If you are unsure whether there is infringement, it may be advisable to seek legal counsel.
Termination of Service. We may suspend or terminate your right to access portions of the Services at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Services, to us, to our partners, to the contributors, to the business of our Internet service provider, or to other information providers, or as we otherwise deem appropriate, in our sole discretion.
Additional Remedies. You acknowledge that your conduct that is inconsistent with these Terms may cause us irreparable damage for which remedies other than monetary relief may be inadequate. In such instances, you agree that we may seek injunctive or other equitable relief to restrain such conduct without the necessity of proving actual harm or posting a bond.
Governing Law; Jurisdiction and Venue. These Terms are governed by and will be construed under the laws of the State of New York, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms, or the interpretation, performance, breach or termination hereof, shall be finally settled in New York, New York, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. The arbitrator will apply and be bound by this arbitration provision, apply applicable law and the facts, and issue a reasoned award. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. There will be no appeal therefrom other than for bias, fraud or misconduct on the part of the arbitrator. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in New York, New York. YOU UNDERSTAND AND AGREE THAT BY ACCEPTING THESE TERMS, YOU AND LECC ARE EACH WAIVING THE RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY. Discovery and rights to appeal in arbitration are generally more limited than in a lawsuit, and other rights that you and we would have in court may not be available in arbitration.
No Class Action Matters. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by the arbitration agreement set forth above. BY AGREEING TO THESE TERMS, YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM THAT YOU MAY HAVE AGAINST LECC, INCLUDING, BUT NOT LIMITED TO, ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in any claims brought in a private attorney general or representative capacity, or any consolidated claims involving another person's account, if we are a party to the proceeding. The arbitrator does not have the power to vary this provision.
Local Laws. We make no representation that any Content or materials on the Services are appropriate or available for use in jurisdictions that are outside the United States. Access to the Services from jurisdictions where such access is illegal is prohibited. If you choose to access the Services from other jurisdictions, you do so at your own initiative and are responsible for compliance with applicable local laws.
Export Restrictions. Any software and all underlying information and technology downloaded or viewed from any of the Services or in connection with the services (collectively, the “Software or Technical Data”) by you may be subject to U.S. export controls, including the Export Administration Act and the Export Administration Regulations, and may be subject to export or import regulations in other countries. You are solely responsible for complying with all trade regulations and laws, both foreign and domestic, in your use and viewing of the Services, the Content, the User Content, and any of our products or services, including, but not limited to, the Software or Technical Data. Except as authorized by law, you agree and warrant not to export or re-export the Software or Technical Data to any county, or to any person, entity, or end-user subject to U.S. export controls, including, but not limited to, persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration’s Denied Parties List and the U.S. Department of Treasury’s Specially Designated Nationals. You further represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges.
Questions: If you have additional questions or comments of any kind, or if you see anything on the Services that you think is inappropriate, please let us know by sending your comments or requests to:
Le CultureClub, Inc.Email: email@example.com
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