CULTUREOWL Terms & Conditions
These Terms of Service are effective as of July 31, 2015.
1. Acceptance of Terms
CultureOwl.com (“CultureOwl”) delivers a selection of online resources, including user profile pages, search, browse, community pages, event detail pages, venue detail pages, comments, link sharing, tags, calendar tools, data input tools, and Web Services application programming interfaces (APIs), (collectively referred to hereafter as “the Service”) subject to the following Terms of Service (“Terms”), which may be updated by CultureOwl at any time. CultureOwl has the right to change or discontinue any aspect or feature of the Service, at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Site, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of the Site by User subsequent to such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
You understand that all communications, writing, articles, photographs, images, sounds, and all the material and information that you, or that other users upload or transmit, through CultureOwl (“Content”), are the sole responsibility of the person from whom such Content originated. CultureOwl does not control, and is not responsible for Content made available through the Service, and you understand by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. CultureOwl will not be liable under any circumstances for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that CultureOwl does not, and cannot, pre-screen or monitor all Content, but that CultureOwl shall have the right (but not the obligation) in its sole discretion to edit, refuse to post, or remove any Content that is available via the Service, for violating the letter or spirit of the Terms & Conditions or for any other reason.
3. CultureOwl Communications
Whenever visiting CultureOwl or communicating via email, you consent to receive electronic communications. CultureOwl will use the email address you provide to register you to use our Services, to verify your authority to use certain features of our Site and Services, and to deliver certain services and notices based on the email settings you have selected. You agree that all agreements, notices, disclosures and other communications that CultureOwl provides to you electronically satisfy all legal requirements that such communications be in writing.
4. Lawful Use, Responsibilities & Conduct
Users are not permitted to submit Content that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability. Furthermore, you are not permitted to post or transmit through CultureOwl any material which violates or infringes in any way upon the rights of others; (ii) contains advertising or any solicitation with respect to products or services; (iii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; or (iv) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, unless CultureOwl shall has expressly approved such material in advance of its transmission. Violation of any of these terms will result in the termination of your CultureOwl account. While CultureOwl prohibits such conduct and content on its site, you understand and agree that CultureOwl cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the Service at your own risk.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify CultureOwl’s agent for notice of claims of copyright or other intellectual property infringement (“Agent”), at copyright at CultureOwl.com, or:
21355 E Dixie Hwy, Suite 106
Aventura, FL 33180 USA
Please provide our Agent with the following Notice:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
(b) a description of the copyrighted work that you claim has been infringed; © the URL of the location on the Site containing the material that you claim is infringing;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Although CultureOwl does not claim ownership of Content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right and permission to grant to CultureOwl an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content.
6. Intellectual Property
All content included on CultureOwl, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property of CultureOwl or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of CultureOwl and protected by U.S. and international copyright laws. All software used on this Site is the property of CultureOwl or its software suppliers and protected by United States and international copyright laws.
CultureOwl and the CultureOwl logo are the trademarks and service marks of CultureOwl. Unauthorized use of any CultureOwl trademark, service mark or logo may be a violation of federal and state trademark laws.
7. Warranty Disclaimers
THIS SITE IS PROVIDED BY CULTUREOWL ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CULTUREOWL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, CULTUREOWL DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE SERVICE.
8. Limitation of Liability
IN NO EVENT WILL CULTUREOWL, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, POSTING OR DISTRIBUTING CONTENT BE LIABLE UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, THE COST OF PURCHASING PRODUCTS TO REPLACE ANY GOODS PURCHASED THROUGH THE SITE, UNAUTHORIZED ACCESS TO OR ALTERATION OF DATA YOU TRANSMIT THROUGH THE SITE, OR ANY STATEMENTS OR CONDUCT OF ANOTHER USER, EVEN IF CULTUREOWL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
User agrees to defend, indemnify and hold CultureOwl, its affiliates, officers, shareholders, agents and other partners and employees harmless from any and all losses, damages, judgments, settlements, liabilities, claims, demands, suits, proceedings, costs and expenses (including, without limitation, reasonable attorneys’ fees and costs) relating to or arising out of User’s use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.
No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and CultureOwl as a result of these Terms and Conditions or your use of the Site. The Terms constitute the entire agreement between you and CultureOwl and govern your use of the Service, superseding any prior agreements between you and CultureOwl. CultureOwl may assign these Terms and Conditions, in whole or in part, to any person or entity at any time with or without your consent. You may not assign any rights or delegate any obligations under these Terms and Conditions without CultureOwl’s prior written consent, and any unauthorized assignment or delegation by you shall be null and void. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. These Terms and Conditions, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Site and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Site.
11. Equitable Remedies.
You hereby agree that CultureOwl would be irreparably damaged if the terms of these Terms and Conditions were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms and Conditions, in addition to such other remedies as we may otherwise have available to us under applicable laws.