Welcome to Cultured Focus Network! We are a subscription based service that provides our members with access to audio-visual programming, including clips, films, products and other content (“Cultured Focus Network Content”) streamed over the Internet to Internetconnected TV’s, computers and other devices.
By using, visiting, or browsing Cultured Focus Network, you accept and agree to these terms.
In the event that you do not agree to these terms, including the mandatory arbitration provision, do not access or use Cultured Focus Network.
You must be at least 18 years of age to use this website. By using this website [and by agreeing to these terms and conditions] you warrant and represent that you are at least 18 years of age.
Non-exclusive Limited License
Cultured Focus Network grants you a non-exclusive limited license forservice use to access and view Cultured Focus Network Content on a streaming-only basisthrough our embedded video player, for personal, non-commercial purposes asset forth in these Terms. The periods during which you can view each clip, film, audio-visual, or product will vary based on the rights availability of such Cultured Focus Network Content and the terms of yoursubscription.
Cultured Focus Network Content that may be available to watch will vary by geographic location. Cultured Focus Network will verify your geographic location using technology and simultaneous streams may change from time to time at our discretion.
Cultured Focus Network software is developed specifically for Cultured Focus Network to allow for streaming and viewing of content from the Cultured Focus Network. This software may vary by device and medium, and functionality may vary by device. We take no responsibility for the performance of your device these devices.
If you are located in, are based in, have offices in, or do business in a jurisdiction in which this Section is enforceable, the following mandatory arbitration provisions apply to you:
Dispute Resolution and Arbitration
You and Cultured Focus Network agree that any dispute, claim, or controversy between you and Cultured Focus Network arising in connection with or relating in any way to these Agreements or to your relationship with Cultured Focus Network as a user of the Cultured Focus Network (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by mandatory binding individual arbitration. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. This arbitration provision will
survive termination of this Agreement.
Notwithstanding the above, you and Cultured Focus Network both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a U.S. small claims court, (2) pursue enforcement actions through applicable U.S. federal, state, or local agencies where such actions are available, (3) seek injunctive
relief in a court of law, or (4) to file suit in a court of law to address intellectual property infringement claims.
Either you or we may start arbitration proceedings. If you are located in, are based in, have offices in, or do business in the United States, any arbitration between you and Cultured Focus TV will be finally settled under the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”), as modified by the Agreements. You and Cultured Focus Network agree that these Agreements affect interstate commerce, so the U.S. Federal Arbitration Act and federal arbitration law apply and govern the interpretation and enforcement of this provision (despite the choice of law provision above). The AAA Rules, as well as instructions on how to file an
arbitration proceeding with the
AAA, appear at adr.org, or you may call the AAA at 1-800-778-7879.
Any arbitration hearings will take place at a location to be agreed upon in New York, New York, provided that if the claim is for $10,000 or less, you may choose whether the the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephonic hearing; or (3) by an inperson hearing
as established by the AAA Rules in the county (or parish) of your billing address. Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the AAA’s Consumer Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse Cultured Focus Network for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the Arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement
of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
If you are not located in, are not based in, do not have offices in, and do not do business in the United States, any arbitration between you and Cultured Focus TV will be finally settled under the Rules of Arbitration of the International Chamber of Commerce (the “ICC”) then in force (the “ICC Rules”) by one or more arbitrators appointed in accordance with the ICC Rules, as modified by these Cultured Focus Network Terms, and will be administered by the International Court of Arbitration of the ICC.
Any arbitration will be conducted in the English language and unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, the law to be applied in any arbitration shall be the law of the State of Indiana, UnitedStates, without regard to choice or conflicts of law principles.
Time for filing
Any arbitration must be commenced by filing a demand for arbitration within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitation period for
asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
Notice and Process
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (“Notice”). Cultured Focus Network’s address for Notice is: Cultured Focus Network, Attn: Cultured Focus Magazine, Attention: Legal Department, 447 Broadway, 2nd floor # 275, New York, New York 10013, USA.
The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the
Notice is received, you or Cultured Focus Network may commence an arbitration
proceeding. During the arbitration, the amount of any settlement offer made by you or Cultured Focus Network shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law. Except as required to enforce the arbitrator’s decision and award, neither you nor Cultured Focus Network shall make any public announcement or public comment or originate any publicity
concerning the arbitration, including, but not limited to, the fact that the parties are in dispute, the existence of the arbitration, or any decision or award of the arbitrator.
In the event that Cultured Focus Network makes any future change to this arbitration provision (other than a change to Cultured Focus Network’s address for Notice), you may reject any such change by sending us written
notice within 30 days of the change to Cultured Focus Network’s address for Notice, in which case your account with Cultured Focus Network shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject, shall survive.
Class Action Waiver
Where permitted under the applicable law, you and Cultured Focus Network agree thateach may bring claims against the other only in your or its individual capacity and not as aplaintiff or class member in any purported class or representative action. Unless both youand Cultured Focus Network agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding
License to Use Website
The content of the pages of this website is for general entertainment and are subject to change without notice.
Neither Cultured Focus Network nor any third parties provide any warranty or guarantee as to the accuracy of the information, materials or products offered on this website for any particular purpose. You acknowledge that such information and materials are for entertainment purposes only and may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It will be your own responsibility to research content, products and services offered to make your own informed decisions.
The Cultured Focus Network name (s), trademark, and logo of Cultured Focus Networkbelong exclusively to Cultured Focus Network and are protected from reproduction,limitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. All other trademarks, service marks, and logos (including third-party product names) are the property of their respective owners. The use or misuse of these trademarks is expressly prohibited and nothing stated or implied through the Cultured Focus Network confers on you any license or right under any patent or trademark of Cultured Focus Network or any third party.
Access to certain areas of this website is restricted. In order to access the Cultured Focus Network, you must register to create an account (“Account”). During the registration process, you will be required to provide certain information and establish a password. You are required and agree to provide accurate information that is complete. Cultured Focus Network reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current
or incomplete. You are responsible for safeguarding your log-in details including username and password. You agree not to disclose your confidential log-in details to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You agree to notify Cultured Focus Network of any unauthorized use of your log-in details related to your Account.
Cultured Focus Network reserves the right to restrict access to [other] areas of this website, or indeed this entire website, at Cultured Focus Network’s discretion. If Cultured Focus Network provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. Cultured Focus Network may disable your user ID and password in Cultured Focus Network sole discretion without notice or explanation.
All fees and charges are quoted and billed in US Dollars unless otherwise noted. Cultured Focus Network uses an automated payment processing system and only accepts credit card or PayPal payments at this time. All Subscribers are required to maintain valid payment information on file for the processing of any applicable service fees. Your credit card will be charged either a monthly or annual fee depending on your subscription plan.
At the end of the Initial Term, this Agreement (monthly and annual) will automatically renew on the day following the last day of the Initial Term and will automatically renew thereafter on the first day of each renewal period as specified by the Subscription Plan, unless either party provides to the other written or electronic notice of termination in accordance with the terms of this Agreement. Either party may terminate this Agreement at any time.
It is important that each subscriber honor the payment obligations to which the subscriber agreed. Accordingly, we reserve the right to retry billing your payment method after failed attempts (e.g., if your payment method is rejected). We also reserve the right to pursue any amounts you fail to pay in connection with your subscription. You will remain liable for all such amounts and all costs incurred in connection with the collection of these amounts, including, without limitation, bank overdraft fees, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs.
Limitation of Liability
The Service is provided on an “as is” and “as available” basis and the use of the Service is at your own risk. Cultured Focus Network makes no representations or warranties, either expressed or implied, with respect to the Service, or any service or information provided through the Service. Cultured Focus Network is not responsible for any damages, injury or economic loss arising from the use of the content or Service provided by Cultured Focus
In no event will Cultured Focus Network be liable to you for any direct, indirect, incidental
or consequential damages or economic loss arising out of the Service or in connection with your website or any other services or products provided to you.
Cultured Focus Network, its officers, directors, owners, agents and employees shall in no way be liable to you or anyone else for any loss or injury resulting from the use of the Service or of your website.
In no event shall Cultured Focus Network be held liable for any damages or economic loss,
whatsoever, as a result of notifying any official of potentially illegal content on your website, or for providing copies of your data files to the appropriate authorities or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.
Cultured Focus Network will not be liable for any delay, interruption or failure in the provisioning of services if caused by acts of God, declared or undeclared fires, floods, storms, mud slides, earthquakes, power failure, war, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labor conflicts and disputes, or other similar events beyond our control that may prevent or delay service provisioning.
Breaches of Terms and Conditions
Without prejudice to Cultured Focus Network’s other rights under these terms and
conditions, if you breach these terms and conditions in any way, Cultured Focus Network may take such action as Cultured Focus Network deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
In accordance with the Digital Millennium Copyright Act (DMCA) of 1998, the text of which may be found on the U.S. Copyright Office website at
http://www.copyright.gov/legislation/dmca.pdf, Cultured Focus Network will respond expeditiously to claims of copyright infringement committed using the Cultured Focus Network service that are reported to Cultured Focus Network.
Please report alleged copyright infringements taking place on or through the Cultured Focus Network or website (the “Site”) by completing a DMCA Notice of Alleged Infringement and delivering it to Cultured Focus Network.
Upon receipt of Notice, Cultured Focus Network will take it deems appropriate, including removal of content from the Site and/or termination of the Cultured Focus Network user’saccount.