The Costume House, LLC

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TERMS AND CONDITIONS

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1. THIS AGREEMENT GOVERNS YOUR ACQUISITION AND USE OF OUR SERVICES.

BY ACCEPTING THIS AGREEMENT, BY SIGNING YOUR ACCEPTANCE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU"OR "YOUR" SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.

You may not access the Services if You are Our direct competitor, except with Our prior written consent. In addition, You may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other bench marking or competitive purposes.

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This Agreement was last updated on January 8, 2018. It is effective between You and Us as of the date of Your accepting this Agreement.​

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FEES AND PAYMENT FOR PURCHASED SERVICES

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•  Fees. You will pay all fees specified in Your Order Forms. Except as otherwise specified herein or in an Order Form,(i) fees are based on Services and Content subscriptions purchased and not actual/coverage of normal products and service. Usage of , (ii) payment obligations and fees paid are non-refundable, and (iii) quantities purchased cannot be decreased during the relevant subscription monthly term. Fees cannot be applied, and, will not cover any of the following products and services at The Costume House, LLC: product rentals, deposits, classes held at The Costume House, or sale items.

• Invoicing and Payment. You will provide Us with valid and updated credit card information, or with a valid purchase order or alternative document reasonably acceptable to Us. If You provide credit card information to Us, You authorize Us to charge such credit card, including appropriate ESF Card Processing Surcharges, for all Purchased Services listed in the Order Form for the initial subscription term and any renewal subscription term(s) as set forth. Such charges shall be made in advance, on a monthly basis. The Costume House will not accept lump sums for multiple months of coverage; only on a month-to-month basis. If the Order Form specifies that payment will be by a method other than a credit card, We will invoice You in advance and otherwise in accordance with the relevant Order Form. Unless otherwise stated in the Order Form, invoiced charges are due next 5 business days from the invoice date. You are responsible for providing complete and accurate billing and contact information to Us and notifying Us of any changes to such information.

• Overdue Charges. If any invoiced amount is not received by Us by the due date, then without limiting Our rights or remedies, those charges may accrue a late fee of 15% of your subscription amount service.

• Suspension of Service and Acceleration. If any amount owing by You under this or any other agreement for Our services is 30 or more days overdue (or 10 or more days overdue in the case of amounts You have authorized Us to charge to Your credit card), We may, without limiting Our other rights and remedies, accelerate Your unpaid fee obligations under such agreements so that all such obligations become immediately due and payable, and suspend Our services to You until such amounts are paid in full. Other than for customers paying by credit card or direct debit whose payment has been declined, We will give You at least 5 days’ prior notice that Your account is overdue for billing notices, before suspending services to You.

• Suspension of Service and Acceleration cont'd: We may terminate your subscription at our discretion without notice. If we do so, refunds will be based on a case-by-case basis and the refundable amount MAY be on the number of full days remaining in your subscription. All final discretions will be made by The Costume House Owner and Manager. However, refunds only apply to extremely special circumstances such as User Death or User Bankruptcy. However, We will not give any refund for termination related to conduct that we determine, in our discretion, violates these Terms or any applicable law, involves fraud or misuse of the subscription, or is harmful to our interests or another user. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.

• Payment Disputes. We will not exercise Our rights above if You are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute.

• Taxes, Fees, and Surcharges. Our fees do not include any taxes, additional fees, surcharges, levies, duties, or similar governmental assessments of any nature, including, for example, value-added sales, use, or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”). You are responsible for paying all Taxes, Fees, and Surcharges associated with Your purchases here under. If We have the legal obligation to pay or collect Taxes for which You are responsible under this , We will invoice You and You will pay that amount accordingly. For clarity, We are solely responsible for taxes assessable against Us based on Our income, property and employees.

 

CONFIDENTIALITY

• Definition of Confidential Information. “Confidential Information” means all information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Your Confidential Information includes Your Data; Our Confidential Information includes the Services and Content; and Confidential Information of each party includes the terms and conditions of this Agreement and all Order Forms (including pricing), as well as business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such party. However, Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party.

• The Receiving Party will use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but not less than reasonable care) to (i) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement and (ii) except as otherwise authorized by the Disclosing Party in writing, limit access to Confidential Information of the Disclosing Party to those of its and its Affiliates’ employees and contractors who need that access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections not materially less protective of the Confidential Information than those herein. Neither party will disclose the terms of this Agreement or any Order Form to any third party other than its Affiliates, legal counsel and accountants without the other party’s prior written consent, provided that a party that makes any such disclosure to its Affiliate, legal counsel or accountants will remain responsible for such Affiliate’s, legal counsel’s or accountant’s compliance with this “Confidentiality” section. 

• Compelled Disclosure. The Receiving Party may disclose Confidential Information of the Disclosing Party to the extent compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of the compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure. If the Receiving Party is compelled by law to disclose the Disclosing Party’s Confidential Information as part of a civil proceeding to which the Disclosing Party is a party, and the Disclosing Party is not contesting the disclosure, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing secure access to that Confidential Information.

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FEES AND PAYMENT FOR PURCHASED SERVICES

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• Term of Agreement. This Agreement commences on the date You first accept it and continues until all subscriptions here under have expired or have been terminated. 

• Term of Purchased Subscriptions. The term of each subscription shall be as specified in the applicable Order Form. Except as otherwise specified in an Order Form, subscriptions will automatically renew and will be down to the sole responsibility of the subscriber(s) to maintain payments on their subscription, on a month-to-month basis, unless either party gives the other notice of non-renewal at least 30 days before the end of the relevant subscription term. The per-unit pricing during any renewal term will not increase by up to above the applicable pricing in the prior term, unless We provide You notice of different pricing at least 60 days prior to the applicable renewal term. Except as expressly provided in the applicable Order Form, renewal of promotional or one-time priced subscriptions will be at Our applicable list price in effect at the time of the applicable renewal. Notwithstanding anything to the contrary, any renewal in which subscription volume for any Services has decreased from the prior term will result in re-pricing at renewal without regard to the prior term’s per-unit pricing. 

• Termination. A party (either You, Your, or Us) may terminate this Agreement for cause (i) upon 30 days written notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors, or (iii) the subscriber becomes incapacitated, or (iiii) the death of the user occurs.

• Refund or Payment upon Termination. If this Agreement is terminated by You in accordance with reasonable means, We will not refund You any prepaid fees covering the remainder of the monthly term of all Order Forms after the effective date of termination unless The Costume House LLC deems this as an extraneous scenario such as the Death of the User, The User is currently incapacitated and cannot carry on payment or utilize the services under The Costume Club (with appropriate medical documentation provided by the next-of-kin, or the user is under some form of duress (which appropriate forms will need to be submitted as evidence to User Cancellation). If this Agreement is terminated by Us, You will pay any unpaid fees covering the remainder of the term of all Order Forms. In no event will termination relieve You of Your obligation to pay any fees payable to Us for the period prior to the effective date of termination (i.e. current, outstanding invoices).

• Changes or Adjustments to Subscription Contract. The User, You, can make changes to Your subscription agreement up to 10 days before the billing cycle ends and a new billing cycle commences. Adjustments cannot include, breaking contract, as this still requires a minimum of 30 days prior notice of User cancellation. The User, You, when making any adjustments, must include a back-up contact when transferring the User, Your, account to another business, entity, or person(s). If the User, You, is not able to provide a secondary point of contact, The Costume House may consider termination and will cancel your subscription without any refunds.

• Use Of Service Perks. The use of Service Perks within the User's selected, and paid for, Tier Band, are unlimited. There is no set limit to how many times the User can utilize the perks and resources within the Subscription Service. However, should The Costume House feel that abuse to the service is being made (such as being shared with unauthorized or Non-pre-approved users), or is excessive, the Costume House manager, or The Costume House LLC, itself, will have the right to terminate the User'(s)' subscription service and withhold any remaining fees, which will be nonrefundable. The User may also be placed on a rental restriction notice and will not be allowed to utilize any products, services, or staff, from The Costume House, nor will the User or the affiliated parties of that user, within the same organization or company, be allowed to step foot onto The Costume House, LLC's property. 

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NOTE

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS ABOVE, IN FULL DETAIL. AFTER YOU HAVE THOROUGHLY READ THROUGH THE TERMS AND CONDITIONS, INITIALED EACH BULLET POINT SECTION ON THE FORM BELOW, AND UNDERSTAND THE TERMS AND USE OF THIS SUBSCRIPTION SERVICE, PLEASE COMPLETE THE FOLLOWING FORM BELOW AND SUBMIT IT TO US FOR OUR RECORDS. SHOULD YOU NEED A COPY OF THIS TERMS AND CONDITIONS FORM, PLEASE EMAIL US AT THECOSTUMEHOUSE@ATT.NET

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• All repeating invoices are to be paid 10 days in advance prior to subscription use (excluding the first-time use).

• Claims arising from invoices must be made within FIVE working days.

• By submitting this application, you authorize The Costume House LLC to make inquiries into the banking and business/trade cosigner references that you have supplied.

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I HAVE READ THE TERMS AND CONDITIONS ABOVE AND I HAVE SIGNED THE FOLLOWING BELOW TO VERIFY MY UNDERSTANDING OF THESE TERMS. THE ABOVE INFORMATION IS TRUE TO THE BEST OF MY KNOWLEDGE. I AUTHORIZE MY SUBSCRIPTION TO BE PAID DIRECTLY TO THE COSTUME HOUSE, LLC. I UNDERSTAND THAT I AM FINANCIALLY RESPONSIBLE FOR ANY BALANCE. I ALSO AUTHORIZE THE COSTUME HOUSE, LLC, TO TAKE PAYMENT IN ADVANCE OF ANY SUBSCRIPTION USE AND UNDERSTAND THAT THE FEE FOR THE SUBSCRIPTION IS NON-REFUNDABLE. I ALSO UNDERSTAND THAT IF I VIOLATE THE TERMS AND CONDITIONS AT ANY TIME, MY SUBSCRIPTION WILL BE CANCELLED AND NO REFUND WILL BE ISSUED.

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