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TERMS AND CONDITIONS OF USE AND SERVICE THIS WEBSITE IS OFFERED BY CYPHERSTYLES.COM, INC TO YOU CONDITIONED ON YOUR ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS LISTED BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY BEFORE USING THIS SITE. IF YOU DO NOT AGREE TO THE FOLLOWING, YOU MAY NOT USE THIS SITE. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOU MUST HAVE THE CONSENT OF YOUR PARENT OR GUARDIAN BOTH TO YOUR USE OF THIS SITE AND TO THE TERMS AND CONDITIONS OF USE OF THIS WEBSITE. BY USING THIS WEBSITE OR BECOMING A MEMBER, YOU (AND ALSO YOUR PARENT OR GUARDIAN IF YOU ARE UNDER EIGHTEEN) AGREE TO THE FOLLOWING TERMS AND CONDITIONS:DEFINITION A. "Website" or "this Website" or "the Website" meansB. "Membership" means the Free Memberships or Gold Membership(s) created by any person or persons who completed and submitted in whole or in part the Membership application on this Website. C. "Member" means the person whose identifying information is contained in his or her Membership application. D. "Account" means the account which is created when a person becomes a Member of this Website. E. "Content" means any and all messages, text, files, images, photos, videos, sounds, personal information, profiles, links, or any other materials placed anywhere on the Website intentionally or unintentionally by any method. F. "Document" means this Terms and Conditions of Use and Service. COPYRIGHT AND TRADEMARK NOTICES AND POLICIES All Content included on this site, including, but not limited to, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, HTML code and software, is the property of CypherStyles.com, Inc. or its Content suppliers and is protected by United States and international copyright laws. "CypherStyles.com", "Four Elements-One Soul" and the lion with the four-element arrows around it are some examples of trademarks belonging exclusively to CypherStyles.com, Inc. The copying of any trademark is not authorized and is strictly prohibited. The compilation of all Content on this site is the exclusive property of CypherStyles.com, Inc. and protected by U.S. and international copyright laws.You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of CypherStyles.com, Inc. to terminate Membership privileges of anyone who infringes any intellectual property rights, in addition to any other available criminal and civil legal remedies. CypherStyles.com, Inc. is firmly committed to the protection of all creative works in all formats and will prosecute any unauthorized copying or distribution to the full extent of both United States and any applicable international laws. MEMBERSHIP, TERMINATION OF MEMBERSHIP, AND PRIVACY POLICIES Membership: By applying for a Membership you represent that you are at least thirteen (13) years old, and you affirm that you have parental consent to use this site if you are under the age of eighteen (18). Your Membership is solely for your personal use, and you agree not to authorize or allow others to use your Account, including your profile or email address. You are solely responsible for all Content published or displayed through your Account, and are also solely responsible for all email messages, and all purchases made using your Account, and for any interactions with other Members you may have. You are solely responsible for all Content that you publish or display on the Website and for material or information that you transmit to other Members. You are solely responsible for your interactions with other Members.CypherStyles.com, Inc. has no obligation, to monitor disputes between you and other Members. You agree to pay for all royalties, fees and any other monies that may be owing to any person by reason of any Content you post on the Website or that appears in your Membership Profile on the Website. CypherStyles.com, Inc. has the right to limit your freedom of expression on the Website and will remove all Prohibited Content of which it is aware or becomes aware or is made aware. Detailed examples of Prohibited Content appear in the "Content" section below. Termination of Membership: You may terminate your Membership at any time, for any reason. CypherStyles.com, Inc. may terminate your Membership for any reason, effective upon sending notice to you at the email address you provide in your Membership application or such other email address as you may subsequently provide to CypherStyles.com, Inc. In the event of any termination of a Gold Membership, whether by you or by CypherStyles.com, Inc., no refund of any unused portion of the Membership will be given for any reason. The posting or transmission by any means on this Website of any prohibited Content or the use of the Website for any prohibited purposes, may be grounds for immediate termination of Membership in addition to any other remedies available by law. Detailed examples of prohibited Content and other prohibited uses of the site appear in the "Content" section below. Privacy: This Website may not be used in connection with any commercial endeavors except those that are specifically authorized or approved by the management of the Website. Illegal and/or unauthorized use of this Website, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website is prohibited and may result in permanent termination of membership in addition to any other applicable legal remedies. Cypherstyles.Com, Inc. does not sell any member or customer information and nothing is made available to the public except the information a Member chooses to make publicly available by means of posting on this Website. We will not e mail you unless you give us permission to, except that we will e mail you confirmation of any and all orders placed with us using your Account. All payment information you give us using the Website shopping cart is encrypted for your protection. You agree not to disclose payment information (such as credit card numbers) anywhere on the Website except in the designated part of the Website shopping cart. The encryption of the information you provide on check-out is maintained by GeoTrust, and more details are available at www.geotrust.com CONTENT POSTED OR PLACED ON THIS SITE Opinions Expressed on this Website: The opinions expressed on this site are those of their authors and not necessarily those of CypherStyles.com, Inc. Prohibited Content: You understand and agree that CypherStyles.com, Inc. may review and delete any Content that in the sole judgment of CypherStyles.com, Inc. violates this Agreement or which may be offensive, or illegal or which violates the rights, harm, or threaten the safety of any Member, or is otherwise prohibited by CypherStyles.com, Inc. In addition to the immediate deletion of such Content, without prior notice to you, CypherStyles.com, Inc. may terminate your Membership for the display or posting of any prohibited Content. Prohibited Content includes, but is not limited to the following:A. Commercial advertisements, affiliate links, and other forms of solicitation except as specifically permitted by CypherStyles.com, Inc., (and except that Members may make use of Website listings for classes, events, jobs, and the like as specified in the appropriate databases on this Website); or B. Content that is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; or C. Content that harasses or advocates harassment of another person; involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; or D. Content that promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; or E. Content that promotes or encourages the commission of any illegal act or activity, or provides instructional information about illegal activities making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; or F. Content that offers or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; or G. Content that contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); or H. Content that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18 for any unlawful purpose; or I. Content that solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or J. Content that involves commercial activities and/or sales without our prior express written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or K. Content that uses sexually suggestive or sexually explicit imagery or language; or L. Any unfair, misleading or deceptive Content intended to draw traffic to the profile. Ownership of Content: You represent and warrant that: you own all Content posted by you on the Website or that you otherwise have the right to use and display the Content, and that your Content does not violate the privacy rights, publicity rights, copyright rights, intellectual property rights, or any other rights of any person, and that the posting of your Content on the Website does not result in a breach of any contract between you and a third party. Rights in Content that you grant to CypherStyles.com: By posting or displaying any Content in or to the public areas of the Website, you hereby grant to CypherStyles.com, Inc. the non-exclusive, fully paid, worldwide license to use, publicly perform, publicly display, modify, and translate such Content on the Website. This limited license will continue even if you remove the Content from the Website. PROHIBITED USES OF THIS WEBSITE and OTHER REPRESENTATIONS: A. By using this Website, you agree not engage in advertising to, or solicitation of, any Member to buy or sell any products or services through the Website except that Members may make use of Website listings for classes, events, jobs, and the like as specified in the appropriate databases on this Website.B. You agree not to transmit any chain letters or junk email or "spam" to any Members. C. Any automated use of the system, such as using scripts to add friends, is prohibited. D. You agree not to attempt to impersonate another user or person who is not a member of CypherStyles.com, Inc. You agree not to falsify the Account, username, or password of any Member at any time and you agree not to disclose your password to any third party or permit any third party to access your Account. E. You agree not to sell or otherwise transfer your profile. F. Any Content containing anything which is illegal to display to anyone under the age of 18 will be removed and the corresponding Membership terminated. G. By purchasing any DVD or Video with an R or Parental Advisory rating as designated on this Website, you are representing that you are Seventeen (17) years of age or older and that purchasing this product does not violate any of the laws of your city, state or country. H. You agree to use the Website in a manner consistent with any and all applicable laws and regulations. I. In addition, if you access this Website from any location outside of the United States, you are responsible for knowledge of and compliance with any applicable local laws. INJURIES, DAMAGES, AND WARRANTIES THERE ARE NO EXPRESS OR IMPLIED WARRANTIES GIVEN BY CYPHERSTYLES.COM, INC AS TO ANY OF THE PRODUCTS SOLD ON THIS WEBSITE OR GOODS OR SERVICES ADVERTISED OR LISTED ON THIS WEBSITEIN NO EVENT SHALL CYPHERSTYLES.COM, INC. BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, EVEN IF CYPHERSTYLES.COM, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CYPHERSTYLES.COM, INC. HAS NO LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION. For example, A. Listings of or links to events, teachers, and performers are informational only. CypherStyles.com, Inc. offers no guarantee or warranty as to the quality or skill of any instructor, class, program, artist or event listed or reviewed or hyperlinked on the Website. B. CypherStyles.com, Inc is not responsible for any damages that result from the use of any product sold on this Website or for damages resulting from any information found on this site. Any product offered for sale by CypherStyles.com, Inc. is intended to be used exclusively in accordance with all applicable laws. You take full responsibility for your own actions and decisions. Any violation of any laws by the user of any product is not the responsibility of CypherStyles.com, Inc. C. CypherStyles.com, Inc. is not responsible for the conduct, whether online or offline, of any user of the Website. D. CypherStyles.com, Inc. assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or Member communication or information. E. CypherStyles.com, Inc. is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any Website or combination thereof, including any injury or damage to users and/or Members or to any person's computer related to or resulting from participation or downloading materials in connection with the Website. F. Under no circumstances shall CypherStyles.com, Inc. be responsible for any loss of money or property, nor for any other loss or damage, including personal injury or death, resulting from use of the Website or from any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. G. The Website is provided "AS-IS" and CypherStyles.com, Inc. expressly disclaims any warranty of fitness for a particular purpose or non-infringement. CypherStyles.com, Inc. cannot guarantee and does not promise any specific results from use of the Website. SPECIAL NOTE ABOUT BREAKDANCING Dancing can be a very vigorous physical activity. Please consult your physician before starting any exercise program, and stop if you experience any pain or discomfort. We strongly discourage unsupervised practice. No protective gear can prevent all injuries. Please use all our products responsibly and refrain from using any product until you've established its correct use. Do not dance while under the influence. Do not operate heavy machinery while dancing. Use common sense.ACCURACIES, OMISSIONS, AND ERRORS While CypherStyles.com, Inc. makes every effort to avoid errors in all Content it places on the Website, and to correct any error that is brought to its attention, CypherStyles.com, Inc. is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with any merchandise sold or listing of events or services, whether caused by CypherStyles,com, Inc., by users of the Website, by Members, or by any of the equipment or programming associated with or utilized by Cypherstyles.com, Inc. CypherStyles.com, Inc. also makes every effort to provide accurate photographs of products, however there is some variation in how computer monitors portray colors. You should be aware that every monitor displays colors slightly differently, so you may be seeing minor inaccuracies in the shading of a given color as you view the item on your monitor.DEMNIFICATION, MODIFICATION OF THESE TERMS, ENFORCEMENT OF THESE TERMS, AND CHOICE OF LAW AND ARBITRATION A. You agree to indemnify and hold CypherStyles.com, Inc., its subsidiaries, affiliates, officers, agents, and any other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Website in violation of this document and/or arising from a breach of this Document and/or any breach of your representations set forth above.B. CypherStyles.com, Inc. reserves the right to modify this Document and any or all of the Terms and Conditions of the use of this Wesbsite at any time and without prior notice. In agreeing to the terms of this Document, you agree to monitor this Document in the future so as to make yourself aware of any changes to it. C. You are agreeing to the terms and conditions of this Document by use of the Website and you further affirm your acceptance of this Document by becoming a Member. D. This Document constitutes the entire agreement between you and CypherStyles.com, Inc. regarding the use of the Website. E. The failure of CypherStyles.com, Inc. to exercise or enforce any right or provision of this Document shall not operate as a waiver of such right or provision or of other rights that may be afforded by this Document or any applicable law or regulation. F. The section titles in this Document are for convenience only and have no legal or contractual effect. G. Should any portion of this Document be found to be illegal or unenforceable, such a finding in no way invalidates the remainder of this Document, and the remainder of this Document shall continue in full force and effect. H. This Website is operated by CypherStyles.com, Inc. from its offices in Pittsburgh, Pennsylvania, USA. This Document shall be construed under and in accordance with the laws of the State of Pennsylvania. In the event of any dispute under or relating to the terms of this Document or any breach thereof, it is agreed that the same shall be submitted to and resolved by binding arbitration before one neutral arbitrator appointed by the Arbitration Association in Pittsburgh, Pennsylvania, in accordance with its commercial Arbitration Rules, unless such dispute falls within the jurisdiction of Small Claims Court, in which case the parties may resolve the dispute in Small Claims Court. The parties also agree to submit to the jurisdiction of the Federal or State courts located in the city of Pittsburgh, Pennsylvania, in any action which may arise out of this Document, if necessary, and said courts shall have exclusive jurisdiction over all disputes between the parties pertaining to this agreement, and all matters related thereto, including, but not limited to the arbitrability of this agreement. CONTACT INFORMATION Please contact us with any questions regarding this Document or anything else pertaining to the Website.By Email: customerservice@cypherstyles.com By Phone: Toll Free from anywhere in the continental United States: 1-800-936-3865 (1-800-Zen-Funk) From Elsewhere: 412-371-1925 {from Outside the United States add Country code 1} Hours of Operation: 11 AM till 7 PM Eastern Time, Monday through Friday. I HAVE READ THIS DOCUMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE. I FURTHER CERTIFY THAT EITHER I AM EIGHTEEN YEARS OF AGE OR OLDER. OR THAT I AM UNDER EIGHTEEN BUT HAVE THE PERMISSION OF MY PARENT OR GUARDIAN ("THE ADULT") TO ACCESS THIS WEBSITE AND/OR BECOME A MEMBER, AND THAT THE ADULT HAS READ AND ALSO AGREES TO ALL THE TERMS AND CONDITIONS ABOVE. |
