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TERMS AND CONDITIONS
This website is owned and operated by The Trendy Culture. By accessing and using the https://thetrendyculture.com website (the "Website"), you agree to be legally bound by these Terms and Conditions. The terms "you" and "User" refer to any person accessing the Website. As you browse the Website and The Trendy Culture sites, you may access other websites that are subject to different terms of use. When you use those sites, you will be legally bound by the specific terms of use posted on those sites. If there is a conflict between these Terms and Conditions and the other terms and conditions, the other terms and conditions will prevail with respect to your use of those sites. The Trendy Culture may change these Terms and Conditions at any time without notice. Changes will be posted on the Website under "Terms and Conditions". Your use of the Website after changes have been posted will constitute your acceptance of the modified Terms and Conditions and all changes. Therefore, you should read these Terms and Conditions from time to time for changes.
1) USE OF THE WEBSITE
The Trendy Culture hereby grants you a limited, non-exclusive, non-transferable license to access and use the Website for the fees, if any, and under the terms set forth below. The Website and the content, including, but not limited to, text, data, reports, opinions, images, photos, graphics, charts, animations, and videos (the "Content"), displayed on the Website, may be used solely for your personal, non-commercial use. Except as otherwise permitted in these Terms and Conditions, you agree not to copy, reproduce, modify, create derivative works, or store any Content, in whole or in part, from the Website or display, perform, publish, distribute, transmit, convey, transmit or circulate any Content to anyone, or for any commercial purpose, without the express prior written consent of The Trendy Culture. The Content is the exclusive property of The Trendy Culture or its licensors, and is protected by copyright and other intellectual property laws. All trade names, trademarks, service marks, and other product and service names and logos on the Website and within the Content are the property of their respective owners and are protected by applicable copyright and trademark laws. Any of the trademarks, service marks, or logos (collectively, the "Marks") displayed on the Website may be registered or unregistered trademarks of The Trendy Culture or others. Nothing contained on this Website should be construed as granting any license or right to use any of the Marks displayed on the Website without the express written permission of The Trendy Culture or such third-party owner of such Marks. Any unauthorized use of the Marks or any other Content is strictly prohibited. To request permission to use any Content or other The Trendy Culture material, please contact The Trendy Culture at support@thetrendyculture.com.
You may not use the Website for any unlawful purpose. You must comply with all reasonable requests of the Website to protect The Trendy Culture's proprietary interests in the Website.
2) REGISTRATION
As part of the registration process, you must select a username and password and provide the Website with accurate, complete, and current information. Failure to do so constitutes a breach of this Agreement, which may result in immediate termination of your access.
3) LIMITATION OF LIABILITY
You are entirely responsible for the activities undertaken by you in connection with your browsing and use of the Website. If you are dissatisfied with the Content or the Website or these Terms of Use, your sole and exclusive remedy is to discontinue using the Content and the Website. The Website will not pay you any damages in connection with your browsing or use of the Website. Due to the number of sources from which the Content is obtained and the potential hazards of electronic distribution, there may be delays, omissions, or inaccuracies in such Content and the Website. THE CONTENT AND THE WEB SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. NEITHER THE WEB SITE NOR THE TRENDY CULTURE MAKES ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR RESULTS TO BE OBTAINED FROM ACCESSING AND USING THE WEB SITE, THE WEB SITE'S OWN CONTENT, THE OTHER CONTENT, OR ANY MATERIAL THAT MAY BE ACCESSED (VIA DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH THE WEB SITE. THE WEB SITE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AND NON-INFRINGEMENT. NEITHER THE WEBSITE NOR THE TRENDY CULTURE SHALL BE LIABLE TO THE USER OR ANYONE ELSE FOR ANY INACCURACIES, DELAYS, INTERRUPTIONS IN SERVICE, ERRORS OR OMISSIONS, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM. IN NO EVENT SHALL THE WEBSITE, THE TRENDY CULTURE OR ANY OF ITS THIRD PARTY LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST TIME, LOST MONEY, LOST PROFITS OR GOODWILL, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN WITH RESPECT TO ANY USE OF THE WEBSITE. NEITHER THE WEBSITE NOR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS SHALL BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR INJURY RESULTING FROM USE OF THE WEBSITE, IN WHOLE OR IN PART, WHETHER CAUSED BY NEGLIGENCE, CONTINGENCIES BEYOND ITS CONTROL IN ACQUIRING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE WEBSITE AND ANY CONTENT ON THE WEBSITE OR OTHERWISE. IN NO EVENT SHALL THE WEBSITE, ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN CONNECTION WITH SUCH CONTENT OR THE WEBSITE.
4) LINKS TO OTHER WEBSITES
You may, through hypertext or other computer links, gain access to websites operated by persons other than the Website. Such hyperlinks are provided for your reference and convenience only and are the sole responsibility of the owners of such websites. You agree that the Website is not responsible for the content or operation of such websites, and that the Website shall have no liability to you or any other person or entity for your use of third-party websites. Except as described below, a hyperlink from this Website to another website does not imply or suggest that the Website endorses the content of that website or the operator or operations of that website. You are solely responsible for determining the extent to which you may use any content on any other website to which you link from the Website.
5) THE USER'S CONTENT
The User grants The Trendy Culture the non-exclusive right to use all material entered on the Website by the User (other than third-party material transmitted via private email) in any of The Trendy Culture's print or electronic publications ("Other Content"). Users who post material on the Website are responsible for the Other Content. Neither the Website nor The Trendy Culture has any responsibility or liability for Other Content, including the content of any messages or information posted by Users or others, or for the content of information accessible through direct or indirect hyperlinks from the Website. However, the Website reserves the right, which it may or may not exercise in its sole discretion, to review, edit, or remove Other Content that the Website deems unlawful, offensive, or otherwise inappropriate. You may not post or distribute any material through the Website that is promotional in nature, including solicitations of funds or business, without the prior written permission of the Website. The User agrees to indemnify the Website and The Trendy Culture for all damages, liabilities, costs, charges, and expenses, including reasonable attorneys' fees, that the Website, The Trendy Culture, its affiliates, employees, and authorized representatives may incur as a result of: (i) the User's breach of this Agreement; or (ii) material entered into the Website with the use of the User's screen name or password.
6) PAYMENTS, CANCELLATIONS, AND REFUNDS
All information, reports, content, and access rights purchased on the Website are non-refundable. We, as a merchant, shall not be liable for any loss or damage arising directly or indirectly from the denial of authorization for any transaction because the Cardholder has exceeded the pre-established limit mutually agreed upon with our acquiring bank from time to time. The order once processed cannot be canceled.
7) ADDITIONAL LEGAL TERMS
This Agreement will continue until terminated by either party or you. Either party may terminate the Agreement by notifying the other party by telephone or email of the decision to terminate. The Trendy Culture may discontinue or change the Website or its availability to you at any time. This Agreement constitutes the entire agreement between the parties relating to the Website and supersedes any other agreements, oral or written, with respect to the Website. The failure of the Website to insist upon strict performance of any term of this Agreement shall not be construed as a waiver with respect to any subsequent breach of such term or provision. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision of this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the United States and shall be subject to the jurisdiction of the courts of California, as if the Agreement were a contract entered into and wholly performed within California, and any litigation relating to this Agreement shall be brought exclusively in the courts of California. All rights not expressly granted herein are reserved.
8) ANTI-HACKING PROVISION
You expressly agree not to use this Website in any manner or for any purpose that is prohibited by these terms and conditions. In addition, you expressly agree not to:
- Use the Website for any purpose that is prohibited by any law or regulation or to facilitate the violation of any law or regulation;
- Use or attempt to use any "deep-link," "scraper," "robot," "bot," "spider," "data-mining," "computer code," or any other automated device, program, tool, algorithm, process, or methodology to access, acquire, copy, or monitor any portion of the Website, any data or content found on or accessed through the Website, or any other Website information without the prior express written consent of The Trendy Culture;
- Obtain or attempt to obtain through any means any materials or information on the Website that has not been intentionally made publicly available either by public display on the Website or through accessibility by a visible link on the Website;
- In any way bypass or circumvent any other measure employed to limit or prevent access to the Website or its Content;
- Violate the security of the Website or attempt to gain unauthorized access to the Website, data, materials, information, computer systems, or networks connected to any server associated with this Website, through hacking, password mining, or any other means;
- Interfere or attempt to interfere with the proper working of the Website or any activities conducted on or through the Website, including accessing any data, content, or other information prior to the time that it is intended to be available to the public on the Website;
- Take or attempt any action that, in the sole discretion of this Website's operators, imposes or may impose an unreasonable or disproportionately large load or burden on the Website or such operation's infrastructure.
9) INDEMNIFICATION
You agree to indemnify, defend, and hold harmless The Trendy Culture and its affiliates, and all of their respective officers, directors, owners, employees, agents, information providers, and licensors (collectively, the "Indemnified Parties") from and against any and all claims, liability, losses, costs, and expenses (including attorneys' fees) incurred by any Indemnified Party in connection with any use or alleged use of the Website under your password by any person, whether or not authorized by you. The Trendy Culture reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with The Trendy Culture's defense of such claim.
10) THIRD-PARTY RIGHTS
The provisions of these Terms and Conditions are for the benefit of The Trendy Culture, its affiliates, and its third-party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.