This privacy notice applies solely to information collected by this website.

Kulturshock values there customers and respects their privacy. We use a variety of security measures, including encryption and authentication tools to help protect your information. We use secure servers when you place orders. All credit card information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted within our databases. This privacy notice discloses the privacy practices for (kulturshock.biz). This privacy notice applies solely to information collected by this website.

 

Effective date: Jan 20, 2023

Kulturshock (“us”, “we”, or “our”) operates the https://kulturshock.bizz website (the “Service”). This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data. We use your data to provide and improve the service. By using the service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our "Terms & Conditions" accessible from https://kulturshock.biz contents.

 

Affiliate Disclosures

Some of the links found on https://kulturshock.biz are affiliate referral links. This means that if a reader clicks on text or an image at "httpskulturshock.biz" we may receive a commission from purchases. There is no additional cost to you.

“kulturshock.biz is also a participant in the "Amazon Services LLC Associates Program" an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to "amazon.com."

Definitions

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• Service is the https://kulturshock.biz website operated by kulturshock site

• Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).

• Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

• Cookies are small pieces of data stored on your device (computer or mobile device).

• Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed. For the purpose of this Privacy Policy, we are a Data Controller of your Personal Data.

• Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively.

• Data Subject (or User) Data Subject is any living individual who is using our Service and is the subject of Personal Data.

 

Information Collection And Use:

• We collect several different types of information for various purposes to provide and improve our Service to you.

 

Types of Data Collected

Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:

• Email address

• First name and last name

• Cookies and Usage Data

We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

 

Usage Data

We may also collect information on how the service is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

 

Tracking & Cookies Data

We use cookies and similar tracking technologies to track the activity on our Service and hold certain information. Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use:

• Session Cookies. We use Session Cookies to operate our Service.

• Preference Cookies. We use Preference Cookies to remember your preferences and various settings.

• Security Cookies. We use Security Cookies for security purposes.

 

Use of Data

Niche Site Project uses the collected data for various purposes:

• To provide and maintain our Service

• To notify you about changes to our Service

• To allow you to participate in interactive features of our Service when you choose to do so

• To provide customer support

• To gather analysis or valuable information so that we can improve our Service

• To monitor the usage of our Service

• To detect, prevent and address technical issues

• To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information

 

Legal Basis for Processing Personal Data Under General Data Protection Regulation (GDPR)

If you are from the European Economic Area (EEA), Niche Site Project legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it.

Niche Site Project may process your Personal Data because:

• We need to perform a contract with you

• You have given us permission to do so

• The processing is in our legitimate interests and it’s not overridden by your rights

• For payment processing purposes

• To comply with the law

 

Retention of Data

Niche Site Project will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

Niche Site Project will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.

 

Transfer Of Data

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction. If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer. Kulturshock will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

 

Disclosure Of Data

Disclosure for Law Enforcement

Under certain circumstances, Kulturshock may be required to disclose your personal data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

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Affiliate Disclosures

Some of the links found on https://kulturshock.biz are affiliate referral links. This means that if a reader clicks on text or an image at "httpskulturshock.biz" we may receive a commission from purchases. There is no additional cost to you.

“kulturshock.biz is also a participant in the "Amazon Services LLC Associates Program" an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to "amazon.com."

Definitions

 

 

Legal Requirements

Kulturshock may disclose your Personal data in the good faith belief that such action is necessary to:

• To comply with a legal obligation

• To protect and defend the rights or property of Niche Site Project

• To prevent or investigate possible wrongdoing in connection with the Service

• To protect the personal safety of users of the Service or the public

• To protect against legal liability

 

Security Of Data

The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

 

Your Data Protection Rights Under General Data Protection Regulation (GDPR)

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. Niche Kulturshock aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.

If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.

In certain circumstances, you have the following data protection rights:

• The right to access, update or to delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.

• The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.

• The right to object. You have the right to object to our processing of your Personal Data.

• The right of restriction. You have the right to request that we restrict the processing of your personal information.

• The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.

• The right to withdraw consent. You also have the right to withdraw your consent at any time where Niche Site Project relied on your consent to process your personal information.

Please note that we may ask you to verify your identity before responding to such requests.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).

 

Service Providers

We may employ third party companies and individuals to facilitate our Service (“Service Providers”), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

 

Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

• Google AnalyticsGoogle Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: http://www.google.com/intl/en/policies/privacy/

 

Behavioral Remarketing

Kulturshock uses remarketing services to advertise on third party websites to you after you visited our Service. We and our third-party vendors use cookies to inform, our policy.

 

Payments

We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).

We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

The payment processors we work with are:

• PayPal or BraintreeTheir Privacy Policy can be viewed at https://www.paypal.com/webapps/mpp/ua/privacy-full

 

Links To Other Sites

Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

 

Children’s Privacy

Our Service does not address anyone under the age of 18 (“Children”).

We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

 

Changes To This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page. We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the “effective date” at the top of this Privacy Policy. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

 

Kulturshock's Amazon Afliate Disclzmer 

Kulturshock is a participant in the "Amazon Services LLC Associates Program" along with many other affiliated partners as well. The Amazon affiliate advertising program is designed to provide a means for sites to earn advertising fees by advertising and linking you to amazon.com.

 

SHOCK TERMS & CONDITIONS

Thanks for choosing to browse and shop with "KULTURSHOCK!". Please read these Terms and Conditions, which contain important information about your relationship with Kulturshock, including mandatory arbitration of disputes between us, instead of class actions or jury trials. You will become bound by these provisions once you accept these Terms and Conditions. 

The Kulturshock Web site located at www.kulturshock.me is a copyrighted work belonging to Kulturshock, llc (“KULTURSHOCK!”). Kulturshock provides an online store offering something special every day. By clicking “sign in” and entering or otherwise using our Web site or mobile applications (the “Web site”), you agree to and accept these Terms and Conditions. You also agree to and accept our Notice of Privacy Practices , which describes how we use the information you provide Kulturshock and is incorporated into these terms and conditions by reference. Please read the Terms and Conditions and our Notice of Privacy Practices carefully as you are agreeing to be bound by them.

 

TOGETHER THESE TERMS AND CONDITIONS AND THE NOTICE OF PRIVACY PRACTICES CONSTITUTE YOUR SERVICE AGREEMENT (“AGREEMENT”) WITH KULTURSHOCK. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF OUR WEB SITE, ANY MEMBERSHIP YOU MAY ESTABLISH ON THE SITE, AND YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES OFFERED ON THE SITE. BY ACCESSING AND/OR USING THE WEB SITE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THE AGREEMENT AND TO ABIDE BY ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN. YOU MAY NOT ACCESS OR USE THIS WEBSITE, BECOME A "KULTURSHOCK" MEMBER, OR ACCEPT THIS AGREEMENT UNLESS YOU ARE AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL PROVISIONS OF THIS AGREEMENT, PLEASE DO NOT ACCESS AND/OR USE THE WEB SITE, SIGN UP FOR MEMBERSHIP, OR PURCHASE PRODUCTS OR SERVICES THROUGH THE WEB SITE.

KULTURSHOCK RESERVES THE RIGHT, AT ANY TIME, TO MODIFY, SUSPEND, OR DISCONTINUE ANY WEB SITE OR ANY WEB SITE FEATURE WITH OR WITHOUT NOTICE. YOU AGREE THAT KULTURSHOCK WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION, OR DISCONTINUANCE OF THE WEB SITE

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1 ACCOUNT

1.1 Account Creation. In order to use certain features of the Web site (e.g., purchasing products and services (referred to collectively as “Products” herein) from the Web site), you must register for an account with Kulturshock (“Kulturshock Account”) and provide certain information about yourself as prompted by the Web site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Web site does not violate any applicable law or regulation or the terms of this Agreement. You may de-activate your Kulturshock Account at any time, for any reason, by unchecking the e-mail preference box on the “My Account” section of the Web site. Kulturshock may suspend or terminate your Kulturshock Account in accordance with Section 11.

 

1.2 Account Responsibilities. You are responsible for maintaining the confidentiality of your Kulturshock Account login information. You are fully responsible for all activities that are associated with your Kulturshock Account (including but not limited to any purchases, use of the Web site, or correspondence from your account to Kulturshock). You agree to immediately notify Kulturshock of any unauthorized use or suspected unauthorized use of yourKulturshock Account or any other breach of security. When you provide Kulturshock with such notice, Kulturshock will suspend or otherwise secure your Account to prevent future unauthorized activity.

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2 TERMS OF SALE

2.1 Products and Pricing. All Products or services listed on the Web site are subject to change, as is Product information, pricing, and availability. In the event a Product is listed at an incorrect price or with incorrect information, we shall have the right, prior to the acceptance of your order (as described in Section 2.3 below), to decline or cancel any such orders, whether or not the order has been confirmed and/or your credit card or PayPal account charged. If your credit card or PayPal has already been charged for the order and we cancel your order, we will issue a credit to your credit card account or PayPal account in the amount of the charge.

 

Unless otherwise noted, the strike-through price displayed for products on our Web site is based on the suggested retail price for the product provided to kulturshock by our vendor. The strike-through price is not a price at which Kulturshock previously sold the product. Because we sell our products over the Internet nationwide and internationally, the strike-through price may or may not represent the prevailing price at any particular time or in every location, and we make no promises about the reliability or accuracy of any such information. Nothing can replace your own comparison shopping, and notwithstanding the strike-through price information provided, if this is an important factor for you in your purchasing decision, we recommend you conduct your own individual research as well. 

Some of our vendors provide merchandise toKulturshock that is not widely sold elsewhere or that is exclusive to Kulturshock. For items in this category that are similar - but not identical - to products sold through other retailers, we use the phrase “compare at” next to the strike-through to indicate your savings. This “compare at” price represents the vendor’s estimated original retail value of a comparable item of the same quality, construction and material offered elsewhere. While pricing is not an exact science, our buying team has years of retail experience and partners with our vendors to determine whether an item is comparable based on the type and quality of the material, and the construction of the item. Ultimately, our “compare at” price is an estimate of the original retail price of comparable items. We always strive to provide you with the best prices on the items we sell, but we encourage you to do your own comparison shopping as well. 

For items that we offer as a set, the strike-through price is based on the total of all the suggested retail prices for each item in the set. For clothing items that are priced higher for larger sizes, we average the prices across sizes to determine the strike-through price.

For international sales of products from the U.S. to a foreign jurisdiction, the strike-through price reflects the exchange rate conversion from the U.S. strike-through price plus, if applicable, an adjustment for additional international surcharges that cover items such as taxes, duties, and shipping. As a result, the strike-through price you see may be different than what you see at another retailer that uses a different methodology for calculating international surcharges or for which no surcharges apply. 

Nothing can replace your own comparison shopping, and notwithstanding the strike-through price information provided, if this is an important factor for you in your purchasing decision, we recommend you conduct your own individual research as well.

 

2.2 Payment Terms. For each Product you order on the Web site, you agree to pay the price applicable for the Product as of the time you submitted your order (“Product Price”), the delivery fees for the delivery service you select (“Delivery Fees”), and any applicable Taxes (defined below). Kulturshock will automatically bill your credit card or PayPal account submitted as part of the order process for such amounts, and you hereby authorize us to do so. You will be solely responsible for payment of all taxes (other than taxes directly imposed on Kulturshock's business activity in a state, such as income taxes), fees, duties, and other governmental charges, and any related penalties and interest, arising from the Product purchase (“Taxes”) not withheld by Kulturshock. All payments are non-refundable (except as expressly set forth in Section 2.1 and 2.3). Certain Products may be purchased using our Smart-pay option. If you select this option, you will pay the Product Price in a number of payments displayed on the Product page. Products purchased using this option are subject to the Smart-pay details and these Terms and Conditions.

 

2.3 Orders. Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason. We may require additional verifications or information before accepting any order. Your order is not accepted until it is shipped (or a portion of the order is shipped). Notwithstanding the foregoing, you agree that, if we cancel all or a part of your order, your sole and exclusive remedy is that we (a) issue a credit to your credit card or PayPal account in the amount charged for the cancelled portion (if your credit card has already been charged for the order) or (b) not charge your credit card or PayPal account for the cancelled portion of the order.

 

2.4 PayPal Purchases. Orders placed using a PayPal account as payment method will be processed upon submission, and funds may be transferred from your PayPal account immediately. This does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right to decline or cancel your order as defined in Sections 2.1 and 2.3. This Section does not alter or amend any other Sections of this Agreement.

 

2.5 Shipping Policy. Any delivery dates provided by Kulturshock are estimates. Kulturshock reserves the right to make deliveries in installments. Kulturshock will send you an email when your order has shipped and you may review your order and shipping & handling information on  My Account page. We ship within the US (including Alaska, Hawaii and APO/FPO/DPO addresses), and to Canada, Australia, the European Union and many other countries throughout the world. Legal title to, right of possession, and risk of loss or damage to or destruction of the products purchased shall transfer to customer upon Kulturshock's delivery to carrier at shipping point. Some products may ship directly from China and customer will be importer of record of such products for U.S. customs and Border Protection. Notwithstanding the foregoing, Kulturshock will provide refunds for damaged product as described in Section 2.6(c).

 

2.6 Return Policy

(a) Return Policy. Kulturshock will only accept returns on products that are identified on the Product information page as eligible for return or as provided in Section 2.6(c). Once Kulturshock confirms that your Product was returned in accordance with Section 2.6, your sole and exclusive remedy is a store credit in the amount charged for the applicable Product; provided that the credited amount will not include the applicable Delivery Fee, which is nonrefundable. Store credits may only be used for future purchase of Products on the Web site (excluding gift cards) and are subject to the restrictions set forth in Section 11.

(b) Exchanges. We do not accept any Product exchanges.

(c) Damaged Products. If the Product arrives damaged (“Damaged Product”), Kulturshock will accept returns for a full refund only in accordance with the Return Procedures below. Once Kulturshock confirms that you received a Damaged Product that was returned in accordance with the Return Procedures below, your sole and exclusive remedy is that (a) we will issue a refund to your credit card or PayPal account in the amount charged for the Damaged Product (if your credit card or PayPal account has already been charged for the Product) or (b) we will not charge your credit card or PayPal account for the Damaged Product. The refunded amount will include the applicable Delivery Fee.

(d) Return Procedures All returns must be made within 14 days after the Product shipment date. All returned Products must be unused (e.g., not worn, washed, damaged, or altered) and returned in accordance with the instructions received from contacting customer service at werock@kulturshock.me. You are solely responsible for the cost of shipping & handling the returned Product. Unauthorized returns will not be refunded or credited to your account, and we may handle or dispose of those products as we see fit in our sole discretion.

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3 Web Site

3.1 License. Subject to the terms of this Agreement, Kulturshock grants you a limited, non-transferable, non-exclusive, license to access and make personal use of the shopping services and features provided on the Web site. This license does not include any resale or commercial use of the Web site features or content, or the right to access or use the Web site for any of the restricted purposes set forth in Section

 

3.2. Kulturshock may terminate this license at any time for any reason.

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3.2 Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sublicense, reproduce, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Web site or its content without the express written consent of Kulturshock; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Web site; (c) you shall not access the Web site in order to build a similar or competitive service, or to download, copy or collect content or account information for the benefit of another merchant; (d) except as expressly stated herein, no part of the Web site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without Kulturshock's express written consent; and (e) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information or content (including images and text descriptions) of the Web site without Kulturshock's express written consent. Any future release, update, or other addition to functionality of the Web site shall be subject to the terms of this Agreement.

 

3.3 Modification. Kulturshock reserves the right, at any time, to modify, suspend, or discontinue the Web site or any part thereof with or without notice.

 

3.4 Ownership. You acknowledge that all intellectual property rights in the Web site, including our rights to copyrighted material, patents, trademarks, service marks, and trade secrets (“Intellectual Property”) (excluding any User Content) are owned by Kulturshock and its licensors, and neither the limited license granted in

 

Section 3.1, nor our provision of the Web site under this Agreement shall transfer to you or any third party any rights, title or interest in or to such Intellectual Property. Portions of the website are licensed under United States Patent Numbers 9,559,809; 9,649,339; 9,893,665; 8,065,333; and 8,296,325. Kulturshock reserves all rights not granted in this Agreement.

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4 User Content

4.1 User Content. “User Content” of a Web site user means any and all information and content that such user submits to Kulturshock by any means, including through social media (e.g., Facebook, Twitter), or uses with the Web site (e.g., a user profile or a feedback submission). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby affirm, represent, and warrant that (i) you own, or have the necessary licenses, rights, and/or consents to use your User Content with the Web site as described herein and (ii) your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Kulturshock. Because you alone are responsible for your User Content (and not Kulturshock), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Kulturshock is not obligated to backup any User Content, makes no representation that it will do so, and you agree that Kulturshock may delete User Content at any time.

 

4.2 License. By submitting your User Content or using it with the Web site , you automatically grant, and you represent and warrant that you have the right to grant, to Kulturshock an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Web site, Kulturshock social media platforms or marketing initiatives. You agree to irrevocably waive (and cause to be waived) any claims and assertions of publicity or moral rights, or attribution with respect to your User Content.

 

4.3 Feedback. Kulturshock will treat any feedback, communications, or suggestions you provide to Kulturshock as non-confidential and non-proprietary. Thus, in the absence of a written agreement with Kulturshock to the contrary, you agree that you will not submit to Kulturshock any information or ideas that you consider to be confidential or proprietary.

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5 Acceptable Use Policy

The following sets forth Kulturshock's “Acceptable Use Policy”:

 

5.1 You agree not to use the Web site to collect, upload, transmit, display, or distribute any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, abusive, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party.

 

5.2 In addition, you agree not to commercially exploit the Web site or use it to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with or disrupt servers or networks connected to the Web site or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Web site, other computer systems or networks connected to or used together with the Web site, through password mining or other means; or (f) harass or interfere with another user’s use and enjoyment of the Web site.

 

5.3 We reserve the right (but have no obligation under this Agreement) to review any User Content, investigate, and/or take appropriate action against you, in our sole discretion, if you violate the Acceptable Use Policy or any other provision of this Agreement, including removing or modifying your User Content, terminating your Kulturshock Account in accordance with Section 11, and/or reporting you to law enforcement authorities. We may also remove or modify your User Content if it, in our sole judgment, violates the rights of, harms, or threatens the safety of any other person, or creates liability for us or any other person. In order to cooperate with legitimate governmental requests, subpoenas or court orders, or to protect our business and members, we may access and disclose any information we consider necessary or appropriate, including your Kulturshock Account username and password, IP address and traffic information, usage history, and your User Content.

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6.1 Third Party Sites. The Web site may contain links to, or advertisements for, third party web sites (collectively, “Third Party Sites”) (for example, social media sites such as Facebook, Twitter, or Pinterest). Such Third Party Sites are not under the control of zulily and zulily is not responsible for any Third Party Sites. zulily provides links to these Third Party Sites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites. You agree that you use all Third Party Sites at your own risk. When you link to a Third Party Site, the applicable service provider’s terms and policies, including privacy and data gathering practices govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any Third Party Site.

 

6.2 Other Users. Each Web site user is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Web site users are solely between you and such user. You agree that zulily will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Web site user, we are under no obligation to become involved.

Parties other than zulily provide services, or sell product lines through the Web site. We may provide links to the site of these unaffiliated companies and certain other businesses. We have no control over and cannot warrant the offerings of, any of these businesses or individuals or the content of their websites. zulily does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. 

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

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6 Third Party Sites and Other Users

6.1 Third Party Sites. The Web site may contain links to, or advertisements for, third party web sites (collectively, “Third Party Sites”) (for example, social media sites such as Facebook, Twitter, or Pinterest). Such Third Party Sites are not under the control of Kulturshock and Kulturshock is not responsible for any Third Party Sites. Kulturshock provides links to these Third Party Sites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites. You agree that you use all Third Party Sites at your own risk. When you link to a Third Party Site, the applicable service provider’s terms and policies, including privacy and data gathering practices govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any Third Party Site.

 

6.2 Other Users. Each Web site user is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Web site users are solely between you and such user. You agree that Kulturshock will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Web site user, we are under no obligation to become involved.

Parties other than Kulturshock provide services, or sell product lines through the Web site. We may provide links to the site of these unaffiliated companies and certain other businesses. We have no control over and cannot warrant the offerings of, any of these businesses or individuals or the content of their websites. Kulturshock does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. 

IF YOU ARE A WASHINGTON RESIDENT, YOU HEREBY WAIVE WASHINGTON CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

 

11 General 

11.1 Changes to Terms of Service. This Agreement is subject to occasional revision, and if we make any material changes we will post notice of the changes on our Web site. These changes will be effective immediately. Continued use of our Web site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the any revision of these Terms and Conditions.

 

11.2 Governing Law. This Agreement shall be governed by the Federal Arbitration Act, applicable federal law, and the laws of the state in which you reside, without regard to the conflicts of laws rules of that state or any other state.

 

11.3 Entire Agreement. This Agreement constitutes the entire agreement between you and us regarding the use of the Web site and the purchase of any Products on our Web site. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means including without limitation. If any provision of this Agreement is deemed to be illegal or unenforceable, the remainder of this Agreement shall be unaffected and shall continue to be fully valid, binding, and enforceable .This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Kulturshock' prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.

Revised Febuary, 2022

 

7 FDA Disclaimer

7.1 FDA Disclaimer: The FDA (Food and Drug Administration) has not evaluated and/or approved any of the statements pertaining to our products and described on our website – kulturshock.biz.
Our products are not intended to diagnose, treat, cure, or prevent any disease.

Our information and/or recommendations should not be construed to replace professional medical assistance and/or advice.

For legal reasons, kulturshock.biz and/or its staff members cannot and will not give medical advice.