Home Terms Of Use

Terms Of Use

1. Introduction

This User Agreement and Privacy Policy governs each website, mobile site, application, and/or other service, regardless of how distributed, transmitted, published, or broadcast (each, a “Service”) provided by CULTUREDUP MEDIA, its parent, subsidiaries and/or affiliates (“we,” “us,” or “our”) that links to this User Agreement and Privacy Policy, which is binding on all those who access, visit and/or use the Service, whether acting as an individual or on behalf of an entity, including you and all persons, entities, or digital engines of any kind that harvest, crawl, index, scrape, spider, or mine digital content by an automated or manual process or otherwise (collectively, “you” or “your”). Please read this User Agreement and Privacy Policy carefully. You can access this User Agreement and Privacy Policy any time in the footer of the Service’s home page or initial screen. Your access, visitation and/or use of the Service, including without limitation any registration on any aspect of the Service, will constitute your agreement to this User Agreement and Privacy Policy. If you do not agree with the terms and conditions of this User Agreement and Privacy Policy, you may not access, visit and/or use the Service. The User Agreement and Privacy Policy may be modified from time to time; the date of the most recent revisions will appear on this page, so check back often. Continued access of the Service by you will constitute your acceptance of any changes or revisions to the User Agreement and Privacy Policy.

2. Rules of Conduct

CULTUREDUP does not monitor, review, approve, pre-screen, censor or edit content posted by users of CULTUREDUP and meant, by the posting user, to be publicly available. However,  CULTUREDUP may, but has no obligation to, edit or remove content posted by you, without notice or liability to you, if, in CULTUREDUP ’s sole discretion, it determines the need to remove or edit any content that (i) does not comply with these Terms of Use or the Privacy Policy, (ii) is harmful, objectionable or inaccurate, (iii) violates any laws or regulations, or (iv) for any other reason that CULTUREDUP determines.

You understand and agree that CULTUREDUP is not responsible or liable for the conduct of any user or for any content posted by users to CULTUREDUP .

You agree to abide by the following Rules of Conduct when accessing, visiting or using CULTUREDUP websites:

i. You shall always use true, accurate, current and complete information whenever your information (such as your name and email address) is required for interaction with CULTUREDUP , unless anonymity is specifically permitted;

ii. You may not interfere with any other users of CULTUREDUP ;

iii. You may not use the functionality and capabilities of CULTUREDUP to conduct, or solicit or encourage the performance by another of, any illegal activity or other activity which infringes or violates the rights of others;

iv. You may not post or transmit any message, data, image or program which is, in The FADER’s sole discretion, harmful, threatening, abusive, hateful, indecent, obscene or pornographic;

v. You may not use CULTUREDUP in any manner designed as a solicitation, whether commercial or otherwise;

vi. You may not use any automated software program or device, such as a spider or robot or scraper, to monitor or copy any information contained on CULTUREDUP ;

vii. You may not post or transmit any message, data, image or program that does or may violate the property rights of others, including intellectual property rights (including, but not limited to, copyrights, trademarks and trade secrets);

viii. You may not post or transmit any message which is libelous, defamatory, tortious or which discloses private or personal matters concerning any person (yourself excluded) or other entity;

ix. You may not impersonate any person or entity, or misrepresent your affiliation with any person or entity;

x. You may not post or transmit any file which contains a virus, worm, “Trojan Horse,” or any other contaminating, harmful or destructive code.

xi. You may not tamper with, breach, bypass, circumvent, damage, reverse engineer, hack, interfere with, alter, modify or disrupt (e.g., by introducing spam, viruses, bugs, worms, spyware, malware or any other similar harmful code) CULTUREDUP , any of the security or authentication measures in place on or about CULTUREDUP , any servers, networks, delivery systems or service providers used by CULTUREDUP , or any content uploaded to or provided on or by CULTUREDUP , nor may you attempt to do any of the foregoing prohibited activities, nor may you access, or attempt to gain access to, any non-public areas of CULTUREDUP , including, but not limited to, any servers, networks, delivery systems or service providers used by CULTUREDUP .

3. Age Restrictions

You must be at least thirteen (13) years of age, or an emancipated minor, to access, visit or otherwise use CULTUREDUP . By accessing, visiting or using CULTUREDUP, you are representing and warranting that you are thirteen (13) years of age or older, or that you are an emancipated minor. If you are between thirteen (13) and eighteen (18) years of age (a “Minor”), you must have your parent(s)’ or guardian(s)’ consent and permission to use CULTUREDUP. If you agree to these Terms of Use on behalf of a Minor, you are agreeing to these Terms of Use on behalf of both yourself and your Minor, and you are solely responsible for your Minor’s use of the Service.

3. Privacy

The Privacy Policy (currently located at http://www.culturedup.com/privacy-policy/ ) is hereby incorporated herein by reference. By accessing, visiting or using CULTUREDUP Websites, you agree to be bound by the terms of the Privacy Policy.

4. Ownership of Intellectual Property

The CULTUREDUP Websites, CULTUREDUP name and logo and all content and materials, including but not limited to all graphics, photographs, images, illustrations, text, sounds, data, software, links, logos, videos, animated material, design and layout elements, available in or on CULTUREDUP (collectively, “Intellectual Property”) are owned, controlled and/or licensed by CULTUREDUP or its third-party suppliers and clients, and are protected by copyrights, trademarks, service marks, patents, trade secrets, and/or other proprietary rights and the laws and treaties of the United States and other countries.

Unless expressly authorized in writing by CULTUREDUP or by our licencors, you shall not copy, reproduce, sell, license, rent, modify, distribute, transmit, broadcast, stream, display, perform, publish, adapt, edit, use, exploit, or create derivative works from such Intellectual Property. You further may not remove, alter, conceal or obscure any trademark, copyright, service mark or other proprietary or legal rights notices incorporated in or accompanying CULTUREDUP or any content therein or thereon.

Reproduction, copying, redistribution or use for any commercial purpose whatsoever of any Intellectual Property is strictly prohibited without CULTUREDUP’s prior express written permission or without the express written permission by our licencors. Requests for permission for commercial use should be in writing and directed to CULTUREDUP at the mailing address at the end of these Terms of Use, attention: Legal Department, or to the respective third-party rights holder.

5. Grant of Rights

By posting or submitting information (regardless of form or type, except for Personal Data as defined in the Privacy Policy) to or on CULTUREDUP, you explicitly and unconditionally (except as prohibited by law and limited by the Privacy Policy):

i. Grant CULTUREDUP, its affiliates and licensees, a non-exclusive, worldwide, perpetual, fully paid and royalty-free, transferable, sub-licensable, irrevocable right and license to use, sell, host, store, cache, reproduce, display, perform, stream, broadcast, adapt, modify, distribute, have distributed, and promote the information in any form and for any purpose; and

ii. Warrant and represent that you own, have obtained or otherwise control all of the rights and permissions to the information, and that public posting and use of such information by CULTUREDUP will not infringe or violate the rights of any third party or violate any laws.

We grant you a personal, non-commercial, revocable, non-assignable, non-sublicensable and non-exclusive right to access, visit and use CULTUREDUP in the manner permitted by these Terms of Use. You may not use the Intellectual Property in any manner or for any purpose other than as expressly authorized herein.

6. Sensitive Information Disclaimer

  1. While you may freely discuss topics of interest to you, and the Service may include general Content relating to a range of topics, including medical, health, legal, tax, or financial issues, you should not rely on the Service for individual advice on such issues. Instead, we recommend that you talk in person with a qualified professional. You alone will bear the sole responsibility for evaluating the merits and/or risks associated with use of Content obtained on or through this Service before making any decisions based on such Content.
  2. THE CONTENT AVAILABLE ON OR THROUGH THIS SERVICE IS IN NO WAY INTENDED TO AND SHALL NOT BE CONSTRUED TO: (A) CONSTITUTE PROFESSIONAL MEDICAL, HEALTH, LEGAL, TAX, OR FINANCIAL ADVICE; (B) RECOMMEND, ENDORSE, OR ADVISE REGARDING ANY FINANCIAL INSTRUMENT OR INVESTMENT STRATEGY; OR (C) DIAGNOSE, CURE, OR TREAT ANY MEDICAL, HEALTH OR OTHER CONDITION. ALWAYS SEEK THE ADVICE OF A QUALIFIED PROFESSIONAL. FOR EXAMPLE, SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER PRIOR TO STARTING ANY NEW DIET AND ASK YOUR DOCTOR ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THE AGREEMENT, WE AND OUR LICENSORS, VENDORS, AND/OR SERVICE PROVIDERS DISCLAIM ANY LIABILITY OR LOSS IN CONNECTION WITH THE CONTENT OBTAINED ON OR THROUGH THIS SERVICE.

7. Limitation of Liability
YOU UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL CULTUREDUP, ITS PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, BUSINESS PARTNERS, LICENCORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS OR LICENCORS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF, OR INABILITY TO USE, CULTUREDUP WEBSITES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS OR THEORY OF LIABILITY, EVEN IF CULTUREDUP, ITS PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, BUSINESS PARTNERS, LICENCORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS OR LICENCORS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION CONTAINED IN THIS PARAGRAPH, CULTUREDUP’S LIABILITY IN SUCH JURISDICTIONS MAY BE LIMITED TO THE EXTENT PERMITTED BY LAW. UNDER NO CIRCUMSTANCES WILL THE CULTUREDUP’S TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNTS (IF ANY) YOU PAID TO THE CULTUREDUP FOR USE OF CULTUREDUP WEBSITES DURING THE ONE (1) MONTH PERIOD PRIOR TO THE DATE YOUR CLAIM AROSE. TO THE EXTENT THAT ANY LAWSUIT IS PERMITTED UNDER THESE TERMS OF USE, YOU AGREE THAT ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE, YOUR USE OF CULTUREDUP WEBSITES OR YOUR RELATIONSHIP WITH CULTUREDUP MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, YOUR CLAIM IS PERMANENTLY BARRED.

8. Legal Compliance

CULTUREDUP makes no representation that the content on CULTUREDUP Websites is appropriate or available for use in locations outside the United States, and accessing CULTUREDUP Websites from jurisdictions outside the United States where such content is illegal is prohibited. You understand and agree that your access and use of CULTUREDUP Websites is at your own initiative and risk, and in compliance with, and pursuant to, the laws of the jurisdiction from where you initiate such access and/or the laws of the jurisdiction where you access, visit or use CULTUREDUP.

9. Termination

CULTUREDUP reserves the right, in its sole discretion and without notice or liability to you, to terminate your access to all or part of CULTUREDUP Websites, to block your future access to all or part of CULTUREDUP Websites and/or to seek such other additional relief as CULTUREDUP, in its sole discretion, shall determine, if we determine that you have used CULTUREDUP Websites in a manner inconsistent with these Terms of Use or the Privacy Policy, or for any other reason in CULTUREDUP’s sole discretion.

Except as otherwise provided herein and in the Privacy Policy, you may terminate these Terms of Use at any time by permanently ceasing all use of or access to CULTUREDUP Websites. All provisions of these Terms of Use that by their nature should survive termination (including but not limited to ownership provisions, warranty disclaimers and limitations of liability) shall survive termination.

10. Governing Law and Forum

These Terms of Use shall be governed by, enforced and be construed in accordance with the laws of the State of New York, excluding its provisions as to choice of law or conflict of laws. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of CULTUREDUP Websites shall be the federal or state courts in and for the State, City and County of New York, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action, and waive any argument of inconvenient forum.

11. Miscellaneous

These Terms of Use do not create a partnership, joint venture, employment or agency relationship between you and CULTUREDUP, and you have no authority to bind CULTUREDUP in any way. CULTUREDUP shall have the right to assign these Terms of Use or any of CULTUREDUP’s rights here under in whole or in part to any third party. You may not assign these Terms of Use without CULTUREDUP’s express prior written consent. Except as otherwise explicitly stated herein, all notices to us shall be in writing and shall either be served by certified or registered mail (return receipt requested) or via overnight express mail delivery service with confirmation of receipt (such as Federal Express), in each case with all charges prepaid. Notices shall be deemed effective when received by the party notified. We may give you notice electronically, either (i) by email, or (ii) by posting such notice on CULTUREDUP. These Terms of Use constitute the entire agreement between you and CULTUREDUP with respect to the subject matter hereof, and supersedes all prior or contemporaneous communications and proposals whether oral, written, or electronic between you and CULTUREDUP with respect to CULTUREDUP Websites and the content thereof. If any part of these Terms of Use shall be held invalid or unenforceable by a court or other governmental body of competent jurisdiction, such portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. The section headings and captions used in these Terms of Use are used for reference and convenience purposes only and shall not be used to construe or interpret these Terms of Use. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and CULTUREDUP’s failure to assert or enforce any provision or right under these Terms of Use shall not be construed as a waiver of such provision or right. By accessing, visiting or using CULTUREDUP Websites, you warrant that you have legal capacity to enter into the agreement set out in these Terms of Use.

12. Communicating with CULTUREDUP MEDIA

CULTUREDUP is happy to receive comments and suggestions to improve these Terms of Use and the Privacy Policy. If you would like to communicate your comments or suggestions, you are encouraged to contact us by writing at:

info[at]culturedup[dot]com