TERMS OF SERVICE
Effective Date: October 20, 2020
Welcome to Kirchhoff Studios, LLC / Disco Cubes, LLC. These Terms of Service set forth the terms
and conditions that apply to your access and use of https://www.discocubes.shop, our Shopify store
at [INSERT LINK TO SHOPIFY STORE], and your engagement with our services (collectively, the
“Services”). Please review the following terms carefully. If you do not agree to these terms, you
may not access or use the Services.
THESE TERMS OF SERVICE CONTAIN A CLASS ACTION WAIVER, JURY WAIVER, AND AN
AGREEMENT TO RESOLVE ANY DISPUTE THAT MAY ARISE BY ARBITRATION.
The terms “Kirchhoff Studios, LLC” Or “Disco Cubes” or “us” or “we” or “our” refer to Kirchhoff
Studios, LLC d/b/a Disco Cubes, the owner of the Services. The terms “you” or “your” refer to
the user or viewer of the Services.
You agree to the terms and conditions set forth in these Terms of Service (the “Terms of Service”).
These Terms of Services are the only agreement between us and you and supersede all prior or
contemporaneous agreements, representations, warranties and understandings with respect to the
Services, the content, products or services provided by or through the Services, and the subject
matter of these Terms of Service. You must be at least the age of legal majority where you live
(which is currently 18 years old in most states) to use our Services, or you must have the permission
of your parent or guardian who must agree to these terms on your behalf.
These Terms of Service may be amended at any time by us without specific notice to you. The latest
Terms of Service will be posted on the Services, and you should review the Terms of Service prior to
using the Services, so you are aware of any changes. Your continued use of the Services following
the posting of revised Terms of Service means that you accept and agree to the changes.
4. Use of Services
(a) Certain sections of, or offerings from, the Services may require you to register. If registration is
requested, you agree to provide us with accurate, complete registration information. We do not
permit (a) any other person using the registered sections under your name; or (b) access
through a single name being made available to multiple users on a network. You are responsible
for preventing such unauthorized use.
(b) We reserve the right to close, suspend, or limit access to your account and/or the Services in the
event that, in our sole discretion, (a) we are unable to obtain or verify identity or eligibility; (b) the
security of your account has been compromised; or (c) your account has been used in, or seems
to have been used in, a nefarious manner.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and
other matters related to the Services are protected under applicable copyrights, trademarks and
other proprietary (including but not limited to intellectual property) rights. The copying, redistribution,
use or publication by you of any such matters or any part of the Services, except as allowed by
these Terms of Service below, is strictly prohibited. You do not acquire ownership rights to any
content or other materials viewed through the Services. The postings of information or materials on
the Services does not constitute a waiver of any right in such information and materials. Some of the
content on the Services is the copyrighted work of third parties.
All names, logos, product and service names, designs, and slogans are trademarks of Disco Cubes.
You must not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify such
marks without the prior written permission. All other names, logos, product and service names,
designs, and slogans on this Website are the trademarks of their respective owners.
7. Limited License; Permitted Use
You are granted a non-exclusive, non-transferable, revocable license to access and use the
Services strictly in accordance with these Terms of Service. All other rights are reserved.
8. Restrictions and Prohibitions on Use
Your license for access and use of the Services and any information, products, services and
materials they contain (collectively defined as “Content”) therein are subject to the following
restrictions and prohibitions on use: you may not (a) copy, republish, display, distribute, transmit,
sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of
the Services or any Content retrieved therefrom; (b) create compilations or derivative works of any
Content from the Services; (c) use any Content from the Services in any manner that may infringe
any copyright, intellectual property right, proprietary right, or property right of us or any third parties;
contained in the Services; (e) make any portion of the Services available through any timesharing
system, service bureau, the Internet or any other technology now existing or developed in the future;
(f) remove, decompile, disassemble or reverse engineer any software in the Services or use any
network monitoring or discovery software to determine the Services architecture; (g) use any
automatic or manual process to harvest information from the Services; (h) use the Services for the
purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that
makes use of headers, invalid or non-existent domain names, or other means of deceptive
addressing; and (3) unsolicited telephone calls or facsimile transmissions or telephone solicitations;
(i) use the Services in a manner that violates any state or federal law; (j) export or re-export the
Services or any portion thereof, or any software available on or through the Services, in violation of
the export control laws or regulations of the United States; and (k) use the Services in any way
except as permitted by these Terms of Service.
9. Errors, Corrections and Changes
We do not represent or warrant that the Services will be error-free, free of viruses or other harmful
components, or that defects will be corrected. We do not represent or warrant that the information
available on or through the Services will be correct, accurate, timely or otherwise reliable or
appropriate for your use. We may make changes to the features, functionality or content of the
Services at any time. We reserve the right in our sole discretion to edit or delete any information or
Content appearing on the Services.
10. Third-Party Content
Third-party content may appear on the Services or may be accessible via links from the
Services. We are not responsible for and assume no liability for any mistakes, misstatements of law,
defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions,
representations or any other form of content on the Services. You understand that the information
and opinions in the third-party content represent solely the thoughts of the author and are neither
endorsed by nor do they necessarily reflect our belief.
11. Unlawful Activity
We reserve the right to investigate complaints or reported violations of these Terms of Service and
to take any action we deem appropriate, including but not limited to reporting any suspected unlawful
activity to law enforcement officials, regulators, or other third parties and disclosing any information
necessary or appropriate to such persons or entities relating to your profile, email addresses, usage
history, posted materials, IP addresses and traffic information.
Your right to use the Services is not transferable or assignable. Any password or right given to you
to obtain information is not transferable or assignable.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees,
subcontractors, successors, assigns, third party suppliers or information and documents, attorneys,
advertisers, products and service providers, and affiliates (collectively, “Affiliated Parties”) harmless
from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your
violation of these Terms of Service or use of the Services.
14. Limitation of Liability
(a) We and any Affiliated Party are not liable for any indirect, special, incidental, punitive, or
consequential damages (including damages for loss of business, loss of profits, litigation, or the
like), whether based on breach of contract, breach of warranty, tort (including negligence),
product liability, or otherwise, even if advised of the possibility of such damages.
(b) The aggregate liability of us and any Affiliated Party in connection with any claim arising out of or
relating to the Services and/or the Content provided herein or hereby shall not exceed $100 and
that amount shall be in lieu of all other remedies which you may have against us and any
(c) The negation and limitation of damages set forth above are fundamental elements of the basis of
the bargain between us and you. The Services and the Content presented would not be provided
without such limitations.
15. Use of Information
We reserve the right, and you authorize us, to use and share, in any manner consistent with our
graphics, or other information communicated by you to us (collectively, a “Submission”) will forever
be our property. We will not be required to treat any Submission as confidential and will not be liable
for the use of any ideas provided by you (including without limitation, product, service or advertising
ideas). We will not incur any liability as a result of any similarities that may appear in our future
products, services, or operations. Without limitation, we will have exclusive ownership of all present
and future existing rights to the Submission of every kind and nature. We will be entitled to use the
Submission for any commercial or other purpose whatsoever, without compensation to you or any
other person sending the Submission. You acknowledge that you are responsible for whatever
material you submit, and you, not us, have full responsibility for the message, including its legality,
reliability, appropriateness, originality, and copyright.
16. Severable and Survival
If any provision of these Terms of Service is found invalid or unenforceable pursuant to judicial
decision, the remainder of these Terms of Service will remain valid and enforceable according to its
terms. All terms that logically ought to survive the termination of these Terms of Service shall
17. Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances and
regulations regarding your use of the Services and the Content provided therein.
18. ARBITRATION, JURY WAIVER, AND CLASS ACTION WAIVER
Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate
certain disputes and claims with Disco Cubes and limits the manner in which you can seek relief
from Disco Cubes
(a) General. The parties shall attempt in good faith to resolve any dispute arising out of or relating to
these Terms of Service promptly by negotiation between individuals who have authority to settle
the controversy. If good faith negotiations do not lead to an amicable resolution within 30 days of
commencing negotiations, any controversy or claim arising out of or relating to these Terms of
Service, or the breach thereof, shall be determined by arbitration administered by the
International Centre for Dispute Resolution in accordance with its International Arbitration Rules.
The tribunal will consist of one arbitrator. The arbitration will take place in the city and country
where Disco Cubes’s headquarters is located. If this location is not feasible, the arbitration shall
occur in a location of Disco Cubes’s choosing. The language to be used in the arbitral
proceedings will be English. Judgment upon the award rendered by the arbitrator may be
entered in any court having jurisdiction thereof.
(b) Waiver of Jury Trial. YOU AND DISCO CUBES WAIVE ANY CONSTITUTIONAL AND
STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR
JURY. You and Us are instead choosing to have claims and disputes resolved by arbitration.
Arbitration procedures are typically more limited, more efficient, and less costly than rules
applicable in court and are subject to very limited review by a court. In any litigation between you
and Disco Cubes. over whether to vacate or enforce an arbitration award, YOU AND DISCO
CUBES WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be
resolved by a judge.
(c) Waiver of Class or Consolidated Actions. YOU AND DISCO CUBES AGREE THAT EACH MAY
BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND
NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR
REPRESENTATIVE ACTION. If, however, this waiver of class or consolidated actions is deemed
invalid or unenforceable, neither you nor Disco Cubes is entitled to arbitration, and all claims and
disputes will be resolved pursuant to Section 19(e).
(d) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice
of your decision to opt out to the address below, postmarked within thirty (30) days of first
accepting these Terms of Service. You must include (i) your name and residence address, (ii)
the email address and/or telephone number associated with your account, and (iii) a clear
statement that you want to opt out of these Terms of Service’s arbitration provisions.
(e) Exclusive Venue. If you send the opt-out notice in Section 19(d), and/or in any circumstances
where the foregoing arbitration agreement permits either you or Disco Cubes to litigate any
dispute arising out of or relating to the subject matter of these Terms of Service in court, then the
foregoing arbitration agreement will not apply to either party, and both you and Disco Cubes
agree that any judicial proceeding will be brought in the state or federal courts located in New
(f) Governing Law. These Terms of Service shall be governed by the laws of the state of New York
without regard to conflicts or choice of law rules or principles.
(g) Survival. This arbitration agreement will survive the termination of your relationship with Disco
19. Force Majeure
We will not be liable for any delay or failure to perform any obligation herein if the delay or failure is
due to unforeseen events that are beyond our reasonable control, such as strikes, blockade, war,
terrorism, riots, natural disasters, epidemic, or governmental action, in so far as such an event
prevents or delays us in fulfilling our obligations hereunder.
20. Contact Information
If you have any questions or concerns about these Terms of Service, please contact us by mail or
email using the following information:
Kirchhoff Studios, LLC