1. Acceptance of Agreement

You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to our site (the “Site”). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time from time to time by us without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

2. Copyright
 

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights both at common law and through registration. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.

3. Trademarks

1520 Culture and other names used throughout the site are either trademarks or registered trademarks of 1520 Culture or other third parties. Other product and company names mentioned on the Site may be trademarks of their respective owners.

4. Limited Right to Use

The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution) or as allowed via the site (such as RSS feeds)

Accessing this site via automated means is expressly forbidden except where stated otherwise explicitly or implicitly (APIs, RSS feeds etc). Using bots, crawlers, scripts or other automated means to access and manipulate the content of this site, including streaming, downloading and posting comments is expressly forbidden.

5. Editing, Deleting and Modification

We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site. This includes any uploaded audio or visual content, as well as artwork, avatars, or comments that may be posted to the site.

6. Indemnification

You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorneys’ fees, related to your violation of this Agreement or use of the Site.

Additionally you agree that your use of this site and your actions related to the use of this site abides by all local laws and ordinances

7. Nontransferable

Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable.

8. Third-Party Services

We allow access to or advertise third-party merchant sites (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.

9. Third-Party Merchant Policies

All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

10. User Submissions & (DMCA)

The Website may now or in the future permit the submission of writings, art works or other visual images submitted by you and other users (“User Submissions“) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, 1520 Culture does not guarantee any confidentiality with respect to any submissions.

  • You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that:
    • you own or have the necessary licenses, rights, consents, and permissions to use and authorize 1520 Culture to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and
    • you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.

    For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to 1520 Culture, subject to a separately executed artist representation agreement whose terms shall be fully binding upon you, you hereby grant 1520 Culture a license to use, reproduce, distribute, display, and perform the User Submissions in connection with the Website and 1520 Culture (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the Website.

 

  • In connection with User Submissions, you further agree that you will not:
    • submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant “1520 Culture” all of the license rights granted herein;
    • publish falsehoods or misrepresentations that could damage 1520 Culture or any third party;
    • submit material that is unlawful, defamatory, libelous, harassing, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
    • post advertisements or solicitations of business:
    • impersonate another person.

    1520 Culture expressly disclaims any and all liability in connection with User Submissions. 1520 Culture does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and 1520 Culture will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. 1520 Culture reserves the right to remove Content and User Submissions without prior notice. 1520 Culture will also terminate a User’s access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. “1520 Culture” also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to defamatory material. 1520 Culture may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

  • In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA“) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
    • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    • 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;
    • 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;
    • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
    • A statement that you have 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; and
    • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    1520 Culture designated Copyright Agent to receive notifications of claimed infringement is: admin@1520culture.com. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to 1520 Culture customer service through admin@1520culture.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid. Claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys’ fees.

  • You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that 1520 Culture is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against 1520 Culture with respect thereto, and agree to indemnify and hold 1520 Culture, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
  • Images on the Website may have visible or embedded digital watermarks. Any attempt to remove, diminish or destroy these markings shall constitute an immediate breach of this agreement and shall result in the suspension of the user’s use of the Website.
11. Payments.

You represent and warrant that if you are purchasing something from us that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.

12. Securities Laws

This Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives, that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements.

The Site and the information contained herein does not constitute an offer or a solicitation of an offer for the sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporate into any of our securities-related filings or documents.

13. Links to Other Web Sites

The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

14. Refund Policy

1520 Culture may from time to time offer products or services to you. Unless otherwise stated, all transactions are final and non-refundable once delivered. In the case of non-deliverability through no fault of your own,1520 Culture will refund or credit the amount of any payments received.

Neither refunds nor credits will be issued for losses due to losses sustained due to violations of these Terms of Service or the law.

This Section 17 sets forth your sole and exclusive right to refund and return.

15. Information and Press Releases

The Site may contain information and/or press releases relevant to our operations. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.

 

 

Last Updated September 2, 2017