Terms of service

CYTY CORPORATION

TERMS OF SERVICE
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www.cytywear.com is owned and operated by Cyty Corporation, a limited liability company registered and existing under the laws of the state of California.

Please read these Terms of Service and our Privacy Policy carefully before accessing or making use of our services. All users of our website and our products and services are conditioned upon acceptance of these Terms of Service and our Privacy Policy. We may require you to accept further terms that apply to certain features or services.

By clicking to indicate your acceptance or otherwise further access or use of any part of our services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms, you are not allowed to use our Services. Any new or updated features or tools that are added to the current website and our services shall also be subject to these Terms of Service.

DEFINITIONS

"Our website" or "this website" - refers to www.cytywear.com which includes: all pages, sub-pages, sub-domains, and any associated web-based application (collectively, "Website") owned and operated by Cyty Corporation.

"We", "Us", and "Our"- shall be used interchangeably and shall refer to Cyty Corporation, its affiliates and/or subsidiaries, and any person or entities associated with Cyty Corporation.

"Visitor"- is someone who merely browses this website but has not purchased our products.

"Customer"- is someone that has purchased our product either as a registered user or as a guest.

"User" or "Users" or "You"- is a collective identifier that refers to either a Visitor or a Customer.

“Products” – refers to the products that are available for purchase on our website.

“Services”- shall collectively mean the services we render, our content, and our website.

“User Content”- collectively refers to all the data that users upload, transmit, create, or generate on or while using our Services. This includes all information a user sends to us.

LEGAL COMPLIANCE
By using our Products and Services, you agree to comply with all applicable local and international laws, statutes, ordinances, and regulations. We reserve the right to investigate reported violations of any of our operational Terms and to take necessary action we deem appropriate, including but not limited to canceling Services we render you, reporting any suspected illicit activity to law enforcement bodies, regulators, or other third parties.

CHANGE TO THESE TERMS
We reserve the right, at our sole discretion and without prior notice, to make additions, modifications, remove, or change portions/all these Terms at any time. Users will be notified about any changes through the website. In addition, Customers will be notified through a message sent to their associated account e-mail.

Changes will automatically be effective when posted unless we state otherwise. We urge Users to review the latest version of these Terms on this page any time they visit this website or make use of our Services. Your continued use of our Services without reading these Terms and their subsequent updates any time you use our Services means your acceptance of the latest version of these Terms.

In cases of disputes, the version of this Terms of Service at the time we receive your dispute notice will be applicable in resolving your dispute with us.

These Terms of Service and our Privacy Policy shall govern should any other policies of ours conflict with any provisions of these Terms and our Privacy Policy.

PRIVACY OF PERSONAL INFORMATION
Please see our privacy policy page to read more on how we use and safeguard your personal information.

EMAIL SUBSCRIPTION
When you enter your email address ("Subscribe"), or when you place an order, you agree that you are enrolled in our email subscription program, and accept the terms, conditions, limitations, and requirements governed by our Terms of Use and Privacy Policy at our website, cytywear.com.

AUTHORIZED USERS
You affirm that you are 13 years of age or older. In order to purchase through our website, you must be 18 or older and have a valid credit card or other acceptable electronic payment methods. Subject to these Terms, you may not use our Services if you are unable to form a legally binding agreement with Cyty Corporation. You agree that you are only authorized to visit or use our Services for your personal use and not for any business purposes without a separate agreement in writing with Cyty Corporation. You may not use our Services to purchase any product for resale by you or on behalf of any other person. You may not resell, either directly or indirectly, any product purchased through our site.

DISCOUNTS AND PROMOTIONS
Cytywear.com reserves the right to change or withdraw at any time in its sole discretion, discount programs and eligibility.

PROCEDURES FOR PURCHASES
By accessing or using Cyty Corporation Services, you agree to our various policies and procedures that are applicable to the purchase of the products offered through our site, which are made part of these Terms. Prices listed will be in effect at the time of purchase (in U.S. dollars) and unless otherwise specified, exclude delivery fee, handling fees, and taxes. Pricing of an item is based upon availability of product and subject to review at any time without prior notice. You are responsible for the payment of all taxes associated with your order when applicable. All products are subject to availability. Cyty Corporation reserves the right to accept, reject or cancel any order and to correct any errors, including, without limitation, publishing, descriptive, typographical, or any other similar errors.

You authorize Cyty Corporation to hold, receive and disburse funds in accordance with your payment instructions. Your authorization permits Cyty Corporation to debit or credit your credit card, debit card, or other payment methods that we accept ("Cards"). When you place an order, you authorize and order Cyty Corporation to commit your payment to the applicable Cyty Corporation entity.

CONTRACT BETWEEN A CUSTOMER AND CYTY CORPORATION
Upon ordering, we are not making a legal offer to provide the products ordered. We are inviting you to make a legal offer to us for you to purchase the products. It is entirely at our discretion to reject or accept your offer of purchase.

A contract is only formed between you and Cyty Corporation when we have accepted your offer to purchase the goods and have sent you an invoice or dispatch receipt that includes the date of order acceptance which will be the date shown on said invoice or receipt.

PAYMENT METHODS
For orders placed via our Store, we accept Credit and Debit Card, and other payment methods displayed during the time of payment. When making a payment and to successfully have your payment processed, you are required to provide accurate information such as card details or other billing information. You will be notified once we receive your payment which transfers the ownership of the product to you. You agree to provide current, complete, and accurate purchase and account information for all purchases made in our store.

ORDER REFUSAL
Cyty Corporation solely reserves the right to refuse any order at our discretion. We may, at our sole discretion, limit or cancel quantities purchased by each person, each household, or each order. These restrictions may include but are not limited to orders placed by or under the same customer details, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

PRODUCT AVAILABILITY AND ACCURACY
Certain products in our store may be exclusively available. These products may have limited quantities and are subject to availability and to our Return Policy. In cases where an order is placed while a product is out of stock or we experience difficulties supplying a product, we may require you to select a substitute product or offer to issue you a refund.

Cyty Corporation endeavors to display as accurately as possible the colors and images of each product that appear in the store. However, Cyty Corporation cannot guarantee that an electronic device display of any color will be as accurate as displayed on our site.

Cyty Corporation solely reserves the right but is not obligated, to limit the sales of our products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to withdraw any product from our website at any time and without prior notice to you.

Cyty Corporation reserves the right to limit the quantities of any products that we offer or you can order. Any offer for any product made on this site is void where prohibited. We do not warrant that the quality of any product you purchased or obtained will meet your expectations, or that any errors in the product will be corrected.

SHIPPING, RETURNS, AND REFUNDS
Please visit our Shipping and Return & Refund Policy page to read more about the associated policies.

GIFT CARD TERMS AND CONDITIONS
The term Gift Card (GC) refers to a Physical or Electronic Gift Card (E-GC). All Gift Cards (GCs) issued by CYTY are subject to the following terms and conditions:

• • Validity Period: A GC is valid for use within 6 months from the date of issue.
• • Redemption: A GC can be redeemed for any item available at shop.cytywear.com subject to stock availability.
• • Non-Refundable: Once purchased, a GC is non-refundable.
• • A GC cannot be returned or exchanged for cash. The value of a GC will not be reimbursed if unused. No cashback will be given if the purchase amount is less than the value of the GC.
• • If the purchase value exceeds the amount of the GC, the remaining balance must be paid by another form of payment.
• • We are not liable for any GC that is lost, stolen, destroyed, or used without permission.
• • Exclusions: Redemption is not permitted for special events or private parties.
• • Cancellation: CYTY reserves the right to cancel any GC obtained fraudulently. In the event of a business closure or transition, outstanding GCs may be subject to cancellation.

ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
This website may contain certain information which is not updated. We reserve the right to modify the contents of this website at any time without prior notice, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website. We assume no responsibility if information made available on this website is not accurate, complete, or outdated.

INTELLECTUAL PROPERTY; USER LIMITED LICENSE
Cyty Corporation and our related Services: All contents provided to you through our Services are owned and licensed to Cyty Corporation. Our contents and all associated Services are trademarked, copyrighted, and have obtained worldwide intellectual property rights. All rights are reserved. Cyty Corporation, subject to your acceptance and abiding by these Terms grants you a limited license to use our Services. You agree not to use our Services in any way that will tarnish our good public reputation or bring us any liability. We reserve the right to terminate, ban, and seek further legal actions against you if you breach any of these Terms.

YOUR ATTEMPT TO DISRUPT, MANIPULATE, HIJACK, HACK OR INTERFERE WITH THE SERVICES OR OPERATIONS OF CYTY CORPORATION WILL BE CONSIDERED A BREACH OF OUR OPERATIONAL POLICY OR VIOLATION OF CRIMINAL AND CIVIL LAWS.

Content of Users: Our Services permit Users to create, share, and post content which includes but is not limited to messages, photos, etc. all collectively referred to as "User Content". The User retains all rights to their content except for (a) any content from our Services that may be incorporated in your User Content, and (b) the license you grant below, as between you and Cyty Corporation.

The User hereby grants a non-exclusive, unlimited, irrevocable, and perpetual license to Cyty Corporation to use the content freely, reproduce, prepare derivatives, distribute, use for marketing and promotions worldwide without any royalty owed to the User. To the extent permitted by law, the User waives all rights to future claims of the content, content authorship, or rights to limit the usage of the content by Cyty Corporation.

PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of service, Users are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

INDEMNIFICATION
You agree to indemnify, defend and hold harmless Cyty Corporation and its Owner(s), subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms and Condition or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

FORCE MAJEURE
Cyty Corporation will be free of liability to the Customer where we are prevented from executing any obligations under this Agreement in whole or in part due to force majeure, such as earthquake, typhoon, flood, fire, pandemic, and war or any other unforeseen or uncontrollable event where Cyty Corporation has communicated or made efforts to communicate the circumstance of said event to the Customer and has taken all appropriate action to mitigate said event.

THIRD-PARTY ADVERTISING
We may feature advertisements from third-party companies through links on our website, some of these third-party advertisements provide you promotional offers. Your decision to use those links is solely at your discretion, you agree to take full responsibility for your decision to use such third-party offers.

Our posting of third-party advertisements does not in any way constitute our affiliation, approval, or endorsement of such advertisements or their related offers. We do not have control of their business practices, the content posted on such websites, or the data they collect from you. Please endeavor to read their privacy policy page before making use of their services as they may or may not ask your permission before collecting that information. You agree not you hold Cyty Corporation liable for any loss, harm, or damage arising from your decision to use such third-party advertisement links.

COPYRIGHT NOTICES/COMPLAINTS
Cyty Corporation takes its intellectual property rights and that of others seriously and we require you to do so. We respond promptly to alleged copyright infringement notices in compliance with the US Digital Millennium Copyright Act (“DMCA”), the E-Commerce Directive and associated legislation in the EU, and similar or equivalent other local laws that may apply. Cyty Corporation reserves the right to terminate services of any User that infringes the intellectual property rights of others.

INTELLECTUAL PROPERTY INFRINGEMENT COMPLAINT PROCEDURE
If you find any part of our website that infringes on your copyright or trademark or any other intellectual property rights, we require you to contact us at cyty@cytywear.com to have your complain investigated. Upon receiving your complaint, we will immediately suspend any section of our website that you report to have infringed on your intellectual property right to allow us to investigate your complain. We will have the infringing section permanently removed if our investigation reveals there was an infringement.

AVAILABILITY OF THE SERVICES; WARRANTY DISCLAIMER
Our Services may be temporarily unavailable from time to time for maintenance or other reasons. Cyty Corporation assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, or communication failure. We reserve the right to suspend, withdraw, or restrict the availability of all or any part of our Services for business and operational reasons.

OUR SERVICES AND ALL CONTENT, MATERIALS, AND PRODUCTS ARE PROVIDED ON AN “AS IS" BASIS, WITH ALL "DEFECTS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. CYTY CORPORATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON- INFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY OF INFORMATIONAL CONTENT, AND ANY WARRANTIES ARISING OUT OF ANY USE OF OUR PRODUCTS AND SERVICES. CYTY CORPORATION MAKES NO REPRESENTATION THAT THE WEBSITE OR ANY CONTENT IS FREE FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. CYTY CORPORATION MAKES NO REPRESENTATION OR WARRANTY THAT CONTENT PROVIDED THROUGH OUR SERVICE IS APPLICABLE OR APPROPRIATE FOR USE IN YOUR STATE OR COUNTRY.

LIMITATIONS; WAIVER OF LIABILITY
IN NO EVENT WILL CYTY CORPORATION OR ITS OWNER(S), EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR SERVICES, CONTENT, OR ANY RELATED PRODUCT ACCESSED THROUGH OUR SERVICES, EVEN IF CYTY CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CYTY CORPORATION LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT A CLIENT PAID FOR OUR SERVICES.

TERMINATION
We may terminate this Agreement with you at any time for any reason, with or without cause. We specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating our intellectual property rights or that of a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.

SEPARATION OF TERMS
Each of the paragraphs of these Terms operates separately. If any part of these Terms is not enforceable, the rest of these Terms still apply and are binding, and any unenforceable term will be substituted with a term that comes as economically close to the unlawful or unenforceable term as possible.

BINDING ARBITRATION
Any legal controversy or claim arising from or relating to this Agreement and/or our Service, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to website operations, intellectual property, and our Service will be settled solely by arbitrator chosen by Cyty Corporation.

The binding arbitration will be conducted in California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. You or we may seek any interim or preliminary relief from a court of competent jurisdiction in California necessary to protect your rights or property and that of Cyty Corporation pending the completion of arbitration. Each party will bear a half of the arbitration fees and costs.

GOVERNING LAW
These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed by the laws of the State of California.

ASSIGNMENT
We reserve the right to assign our rights and obligations under these Terms to a different party or entity at any time without your consent. Users are not allowed to assign their rights or obligations under these Terms to any party without obtaining prior written consent from Cyty Corporation, any attempt to do so without our consent is void.

ENTIRE AGREEMENT
These Terms, and any other policies or rules we reference in these Terms, make up the entire agreement between you and Cyty Corporation relating to the subject matter of these Terms and supersede all prior understandings of the parties relating to the subject matter of these Terms, whether those prior understandings were electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us.

LANGUAGE OF THE TERMS
Any translated version of these Terms of service is for informational use only. The translated version may not fully represent our position as it could mean something different from the English version. The English version remains the authentic version of these Terms.

NO WAIVER
Our non-enforcement of our rights under these Terms at any time does not mean we waived the right to do so in the future. And, if we do expressly waive a provision of these Terms, that does not mean we have waived it in perpetuity. If we do waive a default or breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later default or breach by you.

CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at: cyty@cytywear.com
Write to: 9845 Erma Road, Ste 203 San Diego, CA 92131
General Inquiry: cyty@cytywear.com
Customer Support: support@cytywear.com