Terms of Service
Accepting the Terms of Service
The purpose of this website and mobile application, Theccnyc.com (the “Site”) and CultureCon mobile application (the “App”), owned and operated by One2Six Creative Collective, LLC
(“The Creative Collective”), is to provide news, events, merchandise, and other details around One2Six Creative Collective, LLC and its affiliated brands. Please read these terms of service (“Agreement”) carefully before using the Site, App or any services provided on the Site or App (collectively, “Services”). By using or accessing the Services, you agree to become bound by all the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, do not use the Services. The Services are accessed by You (“Subscriber” or “You”) under the following terms and conditions:
1. Access to the Services
Subject to the terms and conditions of this Agreement, One2Six Creative Collective, LLC may offer to provide the Services, as described more fully on the Site, and which are selected by Subscriber, solely for Subscriber’s own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services One2Six Creative Collective, LLC performs for Subscriber, as well as the offering of any Content (as defined below) on the Site and App. One2Six Creative Collective, LLC may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or Content. One2Six Creative Collective, LLC may also impose limits on certain features and services or restrict Subscriber’s access to parts or all of the Services without notice or liability. One2Six Creative Collective, LLC reserves the right, at its discretion, to modify this Agreement at any time by posting a revised Agreement on the Site and App and by providing notice via e-mail, where possible, or on the Site and App. Subscriber shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by Subscriber following such modification constitutes Subscriber's acceptance of the terms and conditions of this Agreement as modified.
Subscriber certifies to One2Six Creative Collective, LLC that if Subscriber is an individual (i.e., not a corporate entity), Subscriber is at least 13 years of age. No one under the age of 13 may provide any personal information to or on One2Six Creative Collective, LLC (including, for example, a name, address, telephone number or email address). Subscriber also certifies that it is legally permitted to use the Services and access the Site and App, and takes full responsibility for the selection and use of the Services and access of the Site and App. This Agreement is void where prohibited by law, and the right to access the Site or App is revoked in such jurisdictions. Access to the Content may not be legal by certain persons or in certain countries. If You access the Site or App from a country that has laws against our Content, You do so at Your own risk and You are responsible for compliance with the laws of Your jurisdiction.
One2Six Creative Collective, LLC will use reasonable efforts to ensure that the Site, App and Services are available twenty-four hours a day, seven days a week. However, there will be occasions when the Site, App and/or Services will be interrupted for maintenance, upgrades and repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by One2Six Creative Collective, LLC to minimize such disruption where it is within One2Six Creative Collective, LLC’s reasonable control.
You agree that neither One2Six Creative Collective, LLC nor the Site or App will be liable in any event to you or any other party for any suspension, modification, discontinuance or lack of availability of the Site or App, the Service, your Subscriber Content or other Content.
One2Six Creative Collective, LLC retains the right to create limits on use and storage in its sole discretion at any time with or without notice.
Subscriber shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site, App or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. Subscriber shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.
2. Site Content
The Site, App and its contents are intended solely for the use of One2Six Creative Collective, LLC Subscribers and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Site and App, including, but not limited to text, graphics, logos, tools, photographs, images, illustrations, software or source code, audio and video, animations and Themes (as defined below), including without limitation the One2Six Creative Collective, LLC Template Code (as defined below) (collectively, “Content”) (other than Content posted by Subscriber (“Subscriber Content”)) are the property of One2Six Creative Collective, LLC and/or third parties. All trademarks, service marks, and trade names are proprietary to One2Six Creative Collective, LLC and/or third parties. Subscriber shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.
The Site and App are protected by copyright as a collective work and/or compilation, pursuant to copyright laws, international conventions, and other copyright laws. Other than as expressly set forth in this Agreement, Subscriber may not copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce (except as provided in this Section), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
Subscriber may download or copy the Content, and other items displayed on the Site and App for download, for personal use only, provided that Subscriber maintains all copyright and other notices contained in such Content. Downloading, copying, or storing any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from One2Six Creative Collective, LLC, or from the copyright holder identified in such Content's copyright notice. In the event You download software from the Site, the software, including any files, images incorporated in or generated by the software, and the data accompanying the software (collectively, the “Software”) is licensed to You by One2Six Creative Collective, LLC or third party licensors for Your personal, noncommercial use, and no title to the Software shall be transferred to You. You may own the Subscriber Content on which the Software is recorded, but One2Six Creative Collective, LLC or third party licensors retain full and complete title to the Software and all intellectual property rights therein.
3. Subscriber Content
Subscriber shall own all Subscriber Content that Subscriber contributes to the Site and App, but hereby grants and agrees to grant One2Six Creative Collective, LLC a non-exclusive, worldwide, royalty-free, transferable right and license (with the right to sublicense), to use, copy, cache, publish, display, distribute, modify, create derivative works and store such Subscriber Content and to allow others to do so (“Content License”) in order to provide the Services. On termination of Subscriber’s membership to the Site and App and use of the Services, One2Six Creative Collective, LLC shall make all reasonable efforts to promptly remove from the Site an App and cease use of the Subscriber Content; however, Subscriber recognizes and agrees that caching of or references to the Subscriber Content may not be immediately removed. Subscriber warrants, represents and agrees Subscriber has the right to grant One2Six Creative Collective, LLC and the Site the rights set forth above. Subscriber represents, warrants and agrees that it will not contribute any Subscriber Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless Subscriber owns the trade secret or has the owner’s permission to post it, (c) infringes any intellectual property right of another or the privacy or publicity rights of another, (d) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or (f) remains posted after Subscriber has been notified that such Subscriber Content violates any of sections (a) to (e) of this sentence. One2Six Creative Collective, LLC reserves the right to remove any Subscriber Content from the Site or App, suspend or terminate Subscriber’s right to use the Services at any time, or pursue any other remedy or relief available to One2Six Creative Collective, LLC, the Site and/or App under equity or law, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Subscriber Content or if One2Six Creative Collective, LLC is concerned that Subscriber may have breached the immediately preceding sentence), or for no reason at all.
4. Event Consent
Subscribers understand and consent that as a part of my registration and attendance at the event, personal data will be collected by One2Six Creative Collective, LLC and potentially show sponsors and technology partners for the purposes of (but not limited to) tracking attendance via scanner and/or beacons, lead retrieval, event apps, and appointment matchmaking. One2Six Creative Collective, LLC owns and can reproduce all Subscriber content created at a One2Six Creative Collective, LLC event, Site or App.
5. Restrictions
Subscriber is responsible for all of its activity in connection with the Services and accessing the Site or App. Any fraudulent, abusive, or otherwise illegal activity or any use of the Services or Content in violation of this Agreement may be grounds for termination of Subscriber’s right to Services or to access the Site or App. Subscriber may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any One2Six Creative Collective, LLC user.
Use of the Site, App or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. Under no circumstances will Subscriber use the Site, App or the Service to (a) send unsolicited e-mails, bulk mail, spam or other materials to users of the Site, App or any other individual, (b) harass, threaten, stalk or abuse any person or party, including other users of the Site or App, (c) create a false identity or to impersonate another person, or (d) post any false, inaccurate or incomplete material or delete or revise any material that was not posted by You.
5. Warranty disclaimer
One2Six Creative Collective, LLC has no special relationship with or fiduciary duty to Subscriber. Subscriber acknowledges that One2Six Creative Collective, LLC has no control over, and no duty to take any action regarding: which users gains access to the Site or App; which Content Subscriber accesses via the Site or App; what affects the Content may have on Subscriber; how Subscriber may interpret or use the Content; or what actions Subscriber may take as a result of having been exposed to the Content. Much of the Content of the Site and App is provided by and is the responsibility of the user or subscriber who posted the Content. One2Six Creative Collective, LLC does not monitor the Content of the Site and takes no responsibility for such Content. Subscriber releases One2Six Creative Collective, LLC from all liability for Subscriber having acquired or not acquired Content through the Site and App. The Site and App may contain, or direct Subscriber to sites containing, information that some people may find offensive or inappropriate. One2Six Creative Collective, LLC makes no representations concerning any content contained in or accessed through the Site or App, and One2Six Creative Collective, LLC will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or App. The Site will also include a job board that includes job listings that we receive. One2Six Creative Collective, LLC does not provide any warranty in connection with the job listings on the job board.
Although One2Six Creative Collective, LLC, the App, and the Site will make reasonable efforts to store and preserve the material residing on the Site and App, neither One2Six Creative Collective, LLC, App, nor the Site is responsible or liable in any way for the failure to store, preserve or access Subscriber Content or other materials you transmit or archive on the Site or App. You are strongly urged to take measures to preserve copies of any data, material, content or information you post or upload on the Site or App. You are solely responsible for creating back-ups of your Subscriber Content.
The Services, Content, Site, App and any Software are provided on an "as is" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. One2Six Creative Collective, LLC makes no representations or warranties of any kind with respect to the Site, the App, the Services, including any representation or warranty that the use of the Site, App or Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, (d) be free of viruses or other harmful components.
To the fullest extent allowed by law, One2Six Creative Collective, LLC disclaims any liability or responsibility for the accuracy, reliability, availability, completeness, legality or operability of the material or services provided on this Site or App. By using this Site or App, you acknowledge that One2Six Creative Collective, LLC is not responsible or liable for any harm resulting from (1) use of the Site or App; (2) downloading information contained on the Site or App including but not limited to downloads of content posted by subscribers; (3) unauthorized disclosure of images, information or data that results from the upload, download or storage of content posted by subscribers; (4) the temporary or permanent inability to access or retrieve any Subscriber Content from the Site or App, including, without limitation, harm caused by viruses, worms, trojan horses, or any similar contamination or destructive program.
Some places do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to Subscriber.
6. Third party websites
Users of the Site or App may gain access from the Site or App to third party sites on the Internet through hypertext or other computer links on the Site or App. Third party sites are not within the supervision or control of One2Six Creative Collective, LLC or the Site or App. Unless explicitly otherwise provided, neither One2Six Creative Collective, LLC nor the Site or App make any representation or warranty whatsoever about any third party site that is linked to the Site or App, or endorse the products or services offered on such site. One2Six Creative Collective, LLC and the Site or App disclaim: (a) all responsibility and liability for content on third party websites and (b) any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) You might be requested to give any third party, and You hereby irrevocably waive any claim against the Site, App or One2Six Creative Collective, LLC with respect to such sites and third party content.
7. Registration and security
As a condition to using Services, Subscriber will be required to register with One2Six Creative Collective, LLC and select a password and username. Subscriber shall provide One2Six Creative Collective, LLC with accurate, complete, and updated registration information, including Subscriber’s e-mail address. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of Subscriber's account. Subscriber may not (a) select or use as a username that is a name of another person with the intent to impersonate that person; or (b) use as a username that is a name subject to any rights of a person other than Subscriber without appropriate authorization. One2Six Creative Collective, LLC reserves the right to refuse registration of, or cancel a username in its discretion. Subscriber shall be responsible for maintaining the confidentiality of Subscriber's One2Six Creative Collective, LLC password. Subscriber is solely responsible for any use of or action taken under Subscriber’s password and accepts full responsibility for all activity conducted through Subscriber’s account and agrees to and hereby releases the Site and One2Six Creative Collective, LLC from any and all liability concerning such activity. Subscriber agrees to notify One2Six Creative Collective, LLC immediately of any actual or suspected loss, theft, or unauthorized use of Subscriber’s account or password. The Site or App will take reasonably security precautions when using the internet, telephone or other means to transport date or other communications, but expressly disclaims any and all liability for the accessing of any such data communications by unauthorized persons or entities.
8. Indemnity
Subscriber will indemnify and hold One2Six Creative Collective, LLC, its directors, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of Subscriber’s access to the Site, App, use of the Services, the violation of this Agreement by Subscriber, or the infringement by Subscriber, or any third party using the Subscriber's account, of any intellectual property or other right of any person or entity.
9. Limitation of liability
In no event shall One2Six Creative Collective, LLC, its directors, officers, shareholders, employees or members be liable with respect to the Site, App or the Services for (a) any indirect, incidental, punitive, or consequential damages of any kind whatsoever; (b) damages for loss of use, profits, data, images, Subscriber Content or other intangibles; (c) damages for unauthorized use, non-performance of the Site, errors or omissions; or (d) damages related to downloading or posting Content. One2Six Creative Collective, LLC’s, the App and the Site's collective liability under this agreement shall be limited to five hundred U.S. Dollars. Some places do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to Subscriber.
10. Fees and payment
Some of the Services may require payment of fees. All fees are stated in U.S. dollars. Subscriber shall pay all applicable fees, as described on the Site or App in connection with such Services selected by Subscriber, and any related taxes or additional charges. All fees are non-refundable unless expressly stated otherwise on the Site or App. Subscriber represents to One2Six Creative Collective, LLC that Subscriber is the authorized account holder or an authorized user of the chosen method of payment used to pay for the paid aspects of the Services. All fee-based Services and virtual goods are provided “AS IS” with no warranties of any kind. One2Six Creative Collective, LLC may modify and/or eliminate such fee-based Services at its discretion. Subscriber understands and agrees that the payment for virtual goods grants Subscriber a limited license to use the virtual goods as specified on the Site or App.
One2Six Creative Collective, LLC may change its prices at any time but will provide you reasonable notice of any such changes by posting the new prices on the Site, App and by sending you email notification. If you do not wish to pay the new prices, you may cancel the services prior to the change going into effect.
11. Termination
Either party may terminate the Services at any time by notifying the other party by any means. One2Six Creative Collective, LLC may also terminate or suspend any and all Services and access to the Site or App immediately, without prior notice or liability, if Subscriber breaches any of the terms or conditions of this Agreement. Upon termination of Subscriber's account, Subscriber’s right to use the Services, access the Site, App, and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of Your access to and use of the Site, App, and the Services shall not relieve Subscriber of any obligations arising or accruing prior to such termination or limit any liability which Subscriber otherwise may have to One2Six Creative Collective, LLC or the Site, App, including without limitation any indemnification obligations contained herein.
12. Privacy
Please review our Privacy Policy, which governs the use of personal information on the Site or App and to which Subscriber agrees to be bound as a user of the Site and App.
13. Miscellaneous
This Agreement (including the Privacy Policy), as modified from time to time, constitutes the entire agreement between You, the Site, App, and One2Six Creative Collective, LLC with respect to the subject matter hereof. This Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. One2Six Creative Collective, LLC shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond One2Six Creative Collective, LLC’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by Subscriber except with One2Six Creative Collective, LLC’s prior written consent. One2Six Creative Collective, LLC may assign this Agreement in whole or in part at any time without Subscriber’s consent. This Agreement shall be governed by and construed in accordance with the laws of the state of Georgia without regard to the conflict of laws provisions thereof. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Subscriber does not have any authority of any kind to bind One2Six Creative Collective, LLC in any respect whatsoever.
14. Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements
One2Six Creative Collective, LLC respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and we ask our users to do the same. Infringing activity will not be tolerated on or through the Services. One2Six Creative Collective, LLC intellectual property policy is to (a) remove material that One2Six Creative Collective, LLC believes in good faith, upon notice from an intellectual property owner or their agent, is infringing the intellectual property of a third party by being made available through the Services, and (b) remove any Subscriber Content posted to the Services by “repeat infringers.” One2Six Creative Collective, LLC considers a “repeat infringer” to be any user that has uploaded Subscriber Content to the Services and for whom One2Six Creative Collective, LLC has received more than two takedown notices compliant with respect to such Subscriber Content. One2Six Creative Collective, LLC has discretion, however, to terminate the account of any user after receipt of a single notification of claimed infringement or upon One2Six Creative Collective, LLC’s own determination.
Reporting Claimed Infringement If you believe that any content made available on or through the Services has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a “Notice of Claimed Infringement” containing the following information to the One2Six Creative Collective, LLC Agent identified below. Your communication must include substantially the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed
Identification of works or materials being infringed, or, if multiple works are covered by a single notification, a representative list of such works
Identification of the specific 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 One2Six Creative Collective, LLC to locate the material
Information reasonably sufficient to permit One2Six Creative Collective, LLC to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted
A statement that you have a good faith belief that the 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.
You should consult with your own lawyer to confirm your obligations to provide a valid notice of claimed infringement.
One2Six Creative Collective, LLC Agent Contact Information
One2Six Creative Collective, LLC’s Agent for notices of claimed infringement can be contacted at:
Via E-mail: hello@theccnyc.com