Terms of Use | Cicomlessons

CICOM Terms of Use

Last Revised: 1st May 2018

Welcome to CICOM Institute of Contemporary Music, terms of Use! We are truly excited to have you aboard. Thank you for choosing to use our services.

Below we have listed important legal terms that apply to anyone who visits our website or uses our services. These terms are necessary in order to protect both you and us, and to make our services possible and more enjoyable for everyone. CICOM offers a wide range of services, facilities and features and part of the terms below may not be relevant to the specific services you use.

We understand that legal terms can be exhausting to read, and we’ve tried to make the experience more pleasant. If you have any suggestions on how we can improve them, you are more than welcome to contact us at cicomlessons@gmail.com.

1. Introduction

1.1. Our Purpose

Our services offer our users the ability to easily book instrumentation lessons, purchase instruments and accessories, book exams, apply for teaching roles and used the various services and facilities the Music Institute provides and highly functional online presence, to manage and support CICOM students and faculty, and have an overall creative and engaging experience doing so. As detailed below, we offer our users numerous tools and features for creating, participate in learning instruments and associate creative arts participation. The online and mobile websites and platforms are collectively referred to herein as (“User Platform(s)”).

1.2. Legal Agreement

These CICOM.com Terms of Use (“Terms of Use”), together with such additional terms which specifically apply to some of our services and features as presented on the CICOM.com website(s) (“CICOM Website”, and collectively – the “CICOM Terms”), all set forth the entire terms and conditions applicable to each visitor or user (“User” our “you”) of the CICOM Website, the CICOM mobile application (the “CICOM App”) and/or any other services, applications and features offered by us with respect thereto, except where we explicitly state otherwise (all services offered through the CICOM Website or the CICOM App, collectively – the “CICOM Services” or “Services”).

The CICOM Terms constitute a binding and enforceable legal contract between CICOM.com Ltd. and its affiliated companies and subsidiaries worldwide (“CICOM”, “us” or “we”) and you in relation to the use of any CICOM Services - so please read them carefully.

You may visit and/or use the CICOM Services and/or the CICOM App only if you fully agree to the CICOM Terms - and by using and/or registering to any of the CICOM Services, you signify and affirm your informed consent to these Terms of Use and any other CICOM Terms applicable to your use of any CICOM Services. If you do not read, fully understand and agree to the CICOM Terms, you must immediately leave the CICOM Website and avoid or discontinue all use of the CICOM Services.

By using our Services, you acknowledge that you have read our Privacy Policy available at http://www.cicom.co.uk (“Privacy Policy”).

By using our services, you signify your consent to these terms and you acknowledge that you have read our Privacy Policy. You may not use our services if you do not consent to all our terms.

1.3. User Account

In order to access and use certain sections and features of the CICOM Services, you must first register and create an account with CICOM (“User Account”).

If anyone other than yourself accesses your User Account and/or any of your User Platforms’ settings, they may perform any actions available to you (unless as specifically stated otherwise on the CICOM Services), make changes to your User Platform(s) and User Account, and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name.

Therefore, we strongly encourage you to keep the log-in credentials of your User Account confidential and allow such access only to people you trust - as you will be solely and fully responsible for all activities that occur under your User Account and/or User Platforms (including for any representations, warranties and undertakings made therein), whether or not specifically authorized by you, and for any damages, expenses or losses that may result from such activities.

You must provide accurate and complete information when registering your User Account and using the CICOM Services, to which you are the sole and exclusive rights holder. We strongly encourage you to provide your own (or your company’s) contact and billing details, including your valid e-mail address, as we may use it to identify and determine the actual and true owner of the User Account and/or User Content (as defined below) submitted to us.

In case of a dispute on User Account ownership, we reserve the right to determine ownership to a User Account based on our reasonable judgement, whether or not an independent investigation has been conducted by us. However, if we cannot make such determination (as we may deem in our sole discretion), we reserve the right to avoid doing so and/or suspend a User Account until the parties disputing such ownership, reach a resolution, without liability to you or to any other party. We may request documentation (e.g. government-issued ID, a business license) that may assist us in determining ownership. Among others, we may consider the principles set forth below.

CICOM will consider the owner of a User Account, User Platform and/or User Content created and/or uploaded to the relevant CICOM Service, as the person or entity who has access to the e-mail address then listed in CICOM’s records for such User Account under which such User Platform or User Content was created.
If any Paid Services (as defined in Section 5 below) were purchased via a User Account, CICOM will consider the owner of such User Account and/or the relevant User Platform and/or User Content created thereunder, may be considered to be the person or entity whose billing details were used to purchase such Paid Services (“Billing Information”). Notwithstanding the foregoing, when applicable if a User Platform was connected to an external domain name (either imported or purchased as part of certain Paid Services, as defined below), and such domain’s registration information is publicly available via the WHOIS database provided on the www.whois.net website or on CICOM’s database, CICOM will consider the owner of such User Platform as the person or entity registered as the registrant of such domain thereunder. In the event that an individual and an organization are both registered as the registrant or the registrant organization of such domain, CICOM will consider the organization as the actual owner of the domain, and therefore as the owner of the User Platform connected to such domain. In event the Billing Information indicates one person as the owner of the User Platform and the domain registration indicates a different owner, CICOM shall consider the person registered as the owner of the domain connected to the CICOM Account as the owner of the User Platform.
Notwithstanding the forgoing, CICOM shall have the right to determine the ownership of User Content and/or a User Website as it chooses, including by ignoring the indications set forth above, in event CICOM deems, at its sole discretion, that the situation justifies such determination, all based upon the factual situation as determined by CICOM.

To use certain of our services, you need to create a user account.

You should keep your username and password protected and safe, and only allow people you trust to access your account or website settings.

All activities that occur under your user account or website are your responsibility.

The account information you provide us must be your own (or your company’s) and be accurate and complete.

When a user account is disputed, we may determine the ownership of such user account.

2. Your Obligations

2.1. You represent and warrant that:

you are at least eighteen (18) years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into the CICOM Terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the CICOM Terms;
you are not a resident of (or will use the CICOM Services in) a country that the U.S. government has embargoed for use of the CICOM Services, nor are you named on the U.S. Treasury Department’s list of Specially Designated Nationals or any other applicable trade sanctioning regulations;
your country of residence and/or your company’s country of incorporation is the same as the country specified in the contact and/or billing address you provide us;
you understand that CICOM does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of your End Users, or your compliance therewith;

And specifically, regarding your User Content:

you confirm you own all rights in and to any content uploaded or provided by you, or imported, copied or uploaded by CICOM Services for you, to your User Platform (“User Content”), including any designs, images, animations, videos, audio files, fonts, logos, code, illustrations, compositions, artworks, interfaces, usernames, information you provide for the purpose of creating a subdomain name, text, literary works and any other materials (“Content”), or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the User Content, as necessary to legally access to, import, copy, use, publish, transfer or license such User Content, by you and us or any of our affiliates;

you have (and will maintain) the full power, title, licenses, consents and authority to allow CICOM Services to access any websites, web pages and/or other online services, for the purpose of importing, copying, displaying, uploading, transmitting and/or otherwise using, your User Content.
the User Content is (and will continue to be) true, current, accurate, non-infringing upon any third party rights, and in no way unlawful for you to upload, import, copy, possess, post, transmit, display or otherwise use, in the country in which you or your User Platform’s visitors and users (“End Users”) reside, or for CICOM and/or your End Users to access, import, copy, upload, use or possess in connection with the CICOM Services;
you have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the User Content, and you will adhere to all laws applicable thereto.

In addition, you must own all rights in any content you upload or publish or that we access, import and/or upload for you via our services, ensure that such content is legal and reliable, and that anything you do with it (or enable CICOM or your end users to do with it) is legal.

2.2. You undertake and agree to:

fully comply with all applicable laws and any other contractual terms which govern your use of the CICOM Services (and any related interaction or transaction), including those specific laws applicable to you or your End Users in any of your geographical locations;
be solely responsible and liable with respect to any of the uses of the CICOM Services which occur under your User Account and/or User Platform(s), and for any of your User Content (including for any consequences of accessing, importing, uploading, copying, using or publishing such User Content on or with respect to the CICOM Services);
regularly and independently save and backup any of your User Content and the information that is being processed by you regarding your User Platform, including with respect to End Users, User Products, and any applications and/or Third Party Services used by you;
receive from time to time promotional messages and materials from CICOM or its partners, by mail, e-mail or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices – please just notify us at any time;
allow CICOM to use in perpetuity, worldwide and free of charge, any version of your User Platform (or any part thereof) for any of CICOM’s marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against CICOM or anyone on its behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your User Platform with respect to such limited permitted uses;
CICOM’s sole discretion as to the means, manner, and method for performing the CICOM Services, including those regarding the hosting, transmission, publication and/or display of any User Platforms and/or Content (including the inclusion and presentation of any advertisements or other commercial content with respect thereto).
CICOM shall have the right to offer the CICOM Services in alternative price plans and impose different restrictions as for the upload, storage, download and use of the CICOM Services in each price plan, including, without limitation, restrictions on network traffic and bandwidth, size and/or length of Content, quality and/or format of Content, sources of Content, volume of download time, number of subscribers to your Content, etc

You agree that CICOM has the right to impose and change price plans for its Services. Additionally, CICOM may impose restrictions depending on your specific usage of the Service.

2.3. You agree and undertake not to:

copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the CICOM Website, the CICOM Services (or any part thereof), any Content offered by CICOM or Third Party Services for use and display within User Platforms (“Licensed Content”) and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without CICOM’s prior written and specific consent and/or as expressly permitted under the CICOM Terms;
submit, transmit or display any User Content, or use Licensed Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of CICOM or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;
use any illegal action to collect login data and/or passwords for other websites, third parties, software or services;
phish, collect, upload, or otherwise make available credit card information or other forms of financial data used for collecting payments, unless done in accordance with any applicable law, including, with the PCI DSS standard when applicable;
upload, insert, collect or otherwise make available within the CICOM Website or the CICOM Services (or any part thereof), any malicious, unlawful, defamatory or obscene Content;
publish and/or make any use of the CICOM Services or Licensed Content on any website, media, network or system other than those provided by CICOM, and/or frame, “deep link”, “page scrape”, mirror and/or create a browser or border environment around any of the CICOM Services, Licensed Content and/or User Platform (or any part thereof), except as expressly permitted by CICOM, in advance and in writing;
use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the CICOM Services (or its data and/or Content), or in any way reproduce or circumvent the navigational structure or presentation of any of the CICOM Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the CICOM Services;
act in a manner which might be perceived as damaging to CICOM’s reputation and goodwill or which may bring CICOM into disrepute or harm;
purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use CICOM or CICOM Marks and/or variations and misspellings thereof;
impersonate any person or entity or provide false information on the CICOM Services and/or User Platform, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to CICOM and/or any End Users;
falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that CICOM or any third party endorses you, your User Platform, your business, your User Products, or any statement you make;
reverse look-up, trace, or seek to trace another User of CICOM Services, or otherwise interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the CICOM Services and/or User Platform without their express and informed consent;
disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the CICOM Services, User Platform, the account of another User(s), or any other systems or networks connected to the CICOM Services, by hacking, password mining, or other illegitimate or prohibited means;
probe, scan, or test the vulnerability of the CICOM Services or any network connected to the CICOM Services;
upload to the CICOM Services and/or User Platform or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the CICOM Services or CICOM’s systems or networks connected to the CICOM Services, or otherwise interfere with or disrupt the operation of any of the CICOM Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
use any of the CICOM Services and/or User Platform in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising;
access to CICOM Services, User Accounts, Licensed Content and/or User Content, through any means or technology (e.g. scraping and crawling), other than our publicly supported interfaces.
sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or CICOM Services, except as expressly permitted by the CICOM Terms;
remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the CICOM Services and/or Licensed Content; or
violate, attempt to violate, or otherwise fail to comply with any of the CICOM Terms or any laws or requirements applicable to your use of the CICOM Services.
access or use the Services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service.

You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services.

Among others, you may not copy our materials, use any content in an illegal or harmful manner, use our services or content on any platform or website not provided by us, make any misrepresentations or abuse our Services, or otherwise violate anyone’s rights or any applicable laws.

Failure to abide by any of these rules may bring us to cancel your account and stop providing you with any services

3. Content and Ownership

3.1. Your Intellectual Property

As between CICOM and you, you shall own all intellectual property pertaining to your User Content and to any other materials created by you, including to any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, code, interfaces, text and literary works. CICOM does not claim ownership rights on your content. For the sole purpose of granting you the service, you know and agree that we will need to access, upload and/or copy your User Content to our platform, including cloud services and CDN’s, to make display adjustments, to duplicate for backup and perform any other technical actions and/or uses required to perform our services, as we deem fit.

3.2. CICOM’s Intellectual Property

All rights, title and interest in and to the CICOM Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the CICOM Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to CICOM

Subject to your full compliance with the CICOM Terms and timely payment of all applicable Fees, CICOM hereby grants you, upon creating your User Account and for as long as CICOM wishes to provide you with the CICOM Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the CICOM Services and Licensed Content, for the purpose of generating and displaying your User Platform to End Users and offering your User Products (as defined below) therein, solely as expressly permitted under the CICOM Terms, and solely within the CICOM Services.

The CICOM Terms do not convey any right or interest in or to CICOM’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the CICOM Terms constitutes an assignment or waiver of CICOM’s Intellectual Property rights under any law.

In addition to the above, certain fonts made available to you within the CICOM Services, are licensed to CICOM by a third party provider, and are therefore subject to additional license terms of such provider, which are summarized and available for your review at https://www.cicom.co.uk

3.3. Feedback and Suggestions

If you provide us with any suggestions, comments or other feedback relating to the CICOM Services (whether existing, suggested or contemplated), which is or may be subject to any Intellectual Property rights (“Feedback”), such Feedback shall be exclusively owned by CICOM. By providing such Feedback to CICOM, you acknowledge and agree that it may be used by CICOM in order to: (i) further develop, customize and improve of the CICOM Services, (ii) provide ongoing assistance and technical support, (iii) contact you with general or personalized CICOM -related notices and/or interview requests based on your feedback or otherwise, (iv) facilitate, sponsor and offer certain promotions, and monitor performance, (v) to create aggregated statistical data and other aggregated and/or inferred information, which CICOM may use to provide and improve its services, (vi) to enhance CICOM data security and fraud prevention capabilities, and (vii) to comply with any applicable laws and regulations. In addition, you (1) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third party rights; (2) irrevocably assign to CICOM any right, title and interest you may have in such Feedback and (3) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback.

4. Privacy

Certain parts of the CICOM Services (including certain Third Party Services available therein, as further explained in Section 8 below) require or involve the submission, collection and/or use of certain personally identifying or identifiable information. In particular and as a part of accessing or using the CICOM Services, CICOM and such Third Party Services may collect, access and use certain data pertaining to Users and End Users, including the activities or navigation undertaken by Users and End Users through the CICOM Services and/or User Platforms. We encourage you to read our Privacy Policy and each such Third Party Services’ relevant policies on a regular basis, for a description of such data collection and use practices.

5. Service Fees

5.1. Paid Services

The use of certain CICOM Services may be subject to payment of particular fees, as determined by CICOM in its sole discretion (“Paid Services” and “Fee(s)”, respectively). CICOM will provide notice of such Fees then in effect in relation to such Paid Services. If you wish to receive or use such Paid Services, you are required to pay all applicable Fees in advance.

CICOM reserves the right to change its Fees at any time, upon notice to you if such change may affect your existing subscriptions. If you received a discount or other promotional offer, CICOM shall have the right to automatically and without notice renew your subscription to such CICOM Service(s) at the full applicable Fee.

All Fees shall be deemed to be in U.S. Dollars, except as specifically stated otherwise in writing by CICOM. To the extent permitted by law (and unless specified otherwise by CICOM in writing), all Fees are exclusive of all taxes (including value added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities (“Taxes”), and you shall be responsible for payment of all applicable Taxes relating to your use of the CICOM Services, or to any payments or purchases made by you. If CICOM is obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction. We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of Paid Services or in connection with the renewal thereof (such as international transaction fees, currency exchange fees or fees due to banks or credit card companies). CICOM is not responsible for any such additional fees or costs.

As part of registering or submitting information to receive Paid Services, you also authorise CICOM (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries CICOM or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).

5.2. Invoices

CICOM and/or its affiliated companies will issue an invoice or credit memo for any payment of Fees or refund made to or by CICOM (“Invoice”). Each Invoice will be issued in electronic form and based on the country stated in your billing address and will be made available to you via your User Account and/or by e-mail. For the purpose of issuing the Invoice, you may be required to furnish certain Personal Information (as such term is defined in the Privacy Policy) in order to comply with local laws. Please note that the Invoice presented in your User Account may be inadequate with your local law requirements, and in such case may be used for pro forma purposes only.

5.3. Subscription Auto-Renewals

In order to ensure that you do not experience any interruption or loss of services, certain Paid Services include an automatic renewal option by default, according to which, unless you turn-off the auto-renewal options, such Paid Services will automatically renew upon the end of the applicable subscription period, for a renewal period equal in time to the original subscription period (excluding extended periods).

For example, if the original subscription period for a Service is one month, each of its renewal periods (where applicable) will be for one month. Accordingly, where applicable, CICOM will attempt to automatically charge you the applicable Fees using the payment method you have on file with CICOM, within two (2) weeks before such renewal period commences. In the event of failure to collect the Fees owed by you, we may in our sole discretion (but shall not be obligated to) retry to collect on a later time, and/or suspend or cancel your User Account, without further notice. If your Paid Service is subject to a yearly or multiple-year subscription period, CICOM will endeavour to provide you a notice prior to the renewal of such Paid Service at least thirty (30) days in advance of the renewal date.

You may turn-off the auto-renewal option or cancel your Paid Services at any time via your User Account or by request by emailing cicomlessons@gmail.com.

You are and shall be solely responsible to verify and ensure the successful renewal of the CICOM Services you use (whether or not such CICOM Services are subject to automatic subscription renewals). Accordingly, you shall be solely responsible with respect to any discontinuation of any CICOM Services previously purchased by you, including due to a cancellation, failure to charge the applicable recurring Fees, or due to any CICOM Services not being subject to automatic subscription renewals. You acknowledge and agree that you shall not have any claims against CICOM in relation to the discontinuation of any CICOM Services or Third Party Services, for whatever reason.

5.4. Money-Back Guarantee

If you are not satisfied with CICOM Services that are subject to a Fee for a period of service or subscription commitment and which is your initial purchase of such service, you may provide notice of cancellation for any reason within fourteen (14) days of having first ordered or activated such CICOM Services (the “Refund” and “Refund Period”). The Refund is applicable only to the initial purchase of CICOM services which is an upgrading of a free website by purchasing a Premium Plan (as offered on the CICOM Website). The Refund is not applicable to any additional purchases, upgrades, modification or renewals of CICOM Services. If you reside in a jurisdiction which requires a longer Refund Period, we will of course be happy to accommodate such requirements in accordance with all applicable laws. If CICOM receives such notice within such Refund Period, CICOM will refund to you the amount CICOM charged you for such CICOM Services, in currency you were originally charged in, and cancel them accordingly. Please note that the Refund amount may be different than the amount you were charged due to currency changes and third party fees. CICOM will not be responsible for any differences caused by change of currency exchange rates or fees you were charged by third parties. After the Refund Period, the Fees paid by you are non-refundable and non-cancellable. In addition, if we find that a notice of cancellation has been given in bad faith or in an illegitimate attempt to avoid payment for services actually received and enjoyed, we reserve our right to still charge the User who provided such notice for any CICOM Services actually received, as permitted by law.

Please note: Certain services purchased on or through the CICOM Services may be non-refundable. These include Third Party Services such as domains, business tools and applications. The terms of each purchased service or application are indicated on the CICOM Website and/or as part of or during the process of purchasing such services or applications. It is your obligation to verify your ability to cancel a service prior to purchasing it. CICOM will not refund any amounts paid for non-refundable Paid Services, applications or Third Party Services.

5.5. Charge-backs

If, at any time, we record a decline, charge-back or other rejection of a charge of any payable Fees on your CICOM account (“Charge-back”), this will be considered as a breach of your payment obligations here-under, and your use of the CICOM Services may be automatically disabled or terminated.

In the event a Charge-back is performed, your User Account may be blocked without the option to re-purchase or re-use it, and any data contained in such User Account, including any domains, applications and Third Party Services may be subject to cancellation and Capacity Loss (as defined in Section 6.3 below).

Your use of the CICOM Services will not resume until you re-subscribe for any such CICOM Services, and pay any applicable Fees in full, including any fees and expenses incurred by CICOM and/or any Third Party Services for each Charge-back received (including Fees for CICOM Services provided prior to the Charge-back, handling and processing charges and fees incurred by the payment processor).

If you have any questions or concerns regarding a payment made to CICOM, we encourage you to first contact our Customer Support team before filing a Charge-back or reversal of payment, in order to prevent the CICOM Services from being cancelled and your User Account being blocked, and to avoid the filing of an unwarranted or erroneous Charge-back, which may result in your being liable for its applicable Fees, in addition to re-payment of all the Fees applicable to the CICOM Services purchased (and charged-back) by you.

We reserve our right to dispute any Charge-back received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the User responsible for such Charge-back did in fact authorise the transaction and make use of the services rendered thereafter.

6. Cancellation

6.1. Cancellation by User

You may discontinue to use and request to cancel your User Account and/or any CICOM Services at any time, in accordance with the instructions available on the CICOM Services. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process on the CICOM Services, and the effective date for cancellation of Paid Services shall be at the end of such Paid Services’ subscription period.

Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to Paid Services, such subscription will be discontinued only upon the expiration of the respective period for which you have already made payment. Please note that as the cancellation process may take a few days, in order to avoid the next automatic renewal and respective charge the cancellation request should be made at least fourteen (14) days prior to the expiration of the then-current service period.

6.2. Cancellation by CICOM

Failure to comply with any of the CICOM Terms and/or to pay any due Fee shall entitle CICOM to suspend (until full payment is made) or cancel your User Account and User Platform (or certain features thereof), as well as the provision of any related CICOM Services (e.g., Paid Services) or Third Party Services to you.

6.3. Loss of Data, Content and Capacity

If your User Account or any CICOM Services or Third Party Services related to your User Account are cancelled (whether at your request or at CICOM’s discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content, End User data or other usage data retained therein, and including any domain name reservation or registration that was included in such Services (“Capacity Loss”). CICOM shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account, User Content or End User data. Please also note that additional Fees may apply to re-activation of a User Account and/or any CICOM Services following their cancellation, as determined by CICOM in its sole discretion.

7. E-Commerce

The CICOM Services also include certain features which enable you to sell goods, content, media and services through your User Platform (“User Products”, and collectively – “E-Commerce”).

You are solely responsible for your User Products and E-Commerce related activities, and any promotions and related Content contained or referred to in your User Platform, and compliance with any laws applicable thereto. We are merely providing the platform for you to manage your online E-Commerce activities. We are not involved in your relationship and/or any transaction with any actual or potential buyer of your User Products. When someone purchases your User Products, such transaction’s payments will be processed through such third party payment service providers with which you decided to register and set up an account (“E-Commerce Service Provider(s)”), in accordance with such E-commerce Service Provider’s terms of service and other applicable policies. We are neither a party to nor are responsible in any way for your relationship with any such E-Commerce Service Providers, or for the actions of any of these E-Commerce Service Providers.

By using any of our E-Commerce features, you acknowledge, warrant and agree that:

You shall be solely and fully responsible for all Taxes and fees of any nature associated with your E-Commerce activities, including any Taxes related to the purchase or sale of the User Products, and to collect, report and remit the correct amounts to the appropriate authorities and/or inform your End Users of such and provide them with a duly issued invoice as required by law;
Any Taxes indicated by the E-Commerce features provided to you by CICOM are solely provided for illustration purposes only, and may not be relied on in any way;
You shall be responsible for and bear all costs of procuring and delivering your User Products, and for providing them in a safe and professional manner, consistent with industry standards;
You are solely responsible for any and all statements and promises you make and for all assistance, warranty and support regarding the User Products, and shall provide true contact information on your User Platform for any questions, complaints or claims; and
You may not offer or sell any User Products, or provide any information, Content or material regarding User Products, which may be deemed hazardous, counterfeit, stolen, fraudulent, offensive or abusive; which are prohibited for sale, distribution or use; or which otherwise fail to comply with any applicable laws, including with respect to consumer rights, intellectual property or privacy rights, product safety, trade regulations and sanctions, support, maintenance and export; and –
CICOM may, at any time and at its sole discretion, suspend, disable access to or remove your User Platform and/or any User Products - whether or not incorporated, published with or made a part of your User Platform at such time, without any liability to you or to any End Users, including for any Capacity Loss resulted therefrom.

8. Video Services

As part of the CICOM Services, CICOM may provide video services (such as CICOM Video or CICOM Pro Gallery) for managing videos on User Platforms (the "Video Services").

In addition to the aforesaid in Section 13 of these Terms of Use and without any limitation of liability, you shall fully indemnify, defend and hold CICOM its officers, directors, shareholders, employees, affiliates and agents, harmless from any and all damages and costs, obligations, losses, liabilities debt and expenses (including attorneys’ fees), as accrued, that arise out of or are related to infringement and/or misuse of the patent pool under the MPEG-LA consortium.

If your needs require a more inclusive plan than those regularly offered by us, please contact our support team at: cicomlessons@gmail.com.

Certain use of CICOM Video Services may require a license for use of certain patents. You are obligated to verify whether you are obligated to obtain such license.

You may need to obtain a license for certain online video activities. It is your responsibility to verify such requirement and obtain, such license if required.

9. Third Party Services

The CICOM Services enable you to engage and procure certain third party services, products and tools for enhancing your User Platform and your overall user experience, including, without limitation, domain registrars from which you may purchase a domain name for your User Website, third party applications and widgets offered via the CICOM Website (including the CICOM App Market), third party Licensed Content, media distribution services, E-Commerce Service Providers, sellers of tangible products, third party designers who may assist you with your User Platform, etc. (collectively, “Third Party Services”).

You acknowledge and agree that regardless of the manner in which such Third Party Services may be offered to you (bundled or integrated within certain CICOM Services, offered separately by CICOM or persons certified or authorized by CICOM, or otherwise offered anywhere on the CICOM Services), CICOM merely acts as an intermediary platform between you and such Third Party Services, and does not in any way endorse any such Third Party Services, or shall be in any way responsible or liable with respect thereto. CICOM will not be a party to, or in any way be responsible for monitoring, any interaction or transaction between you and any Third party Services.

You acknowledge that such services may require the payment of additional amounts to CICOM and/or to the providers of such Third-Party Services.

Any and all use of such Third Party Services shall be done solely at your own risk and responsibility, and may be subject to such legal and financial terms which govern such Third Party Services, which you are encouraged to review before engaging with them.

While we hope to avoid such instances, CICOM may, at any time and at its sole discretion, suspend, disable access to or remove from your User Account, User Platform(s) and/or the CICOM Services, any Third Party Services – whether or not incorporated with or made part of your User Account and/or User Platform(s) at such time – without any liability to you or to any End Users.