These Terms of Service (“Agreement”) are a legal agreement between you (referred to herein as “you” or “your”) and Super Keen LLC (“we”, “our”, “us,” or “Super Keen”) for access to and use of our platform at culturaelabs.com (“Platform”), and of other related software or features through our platform (whether accessed directly, through any software application or third party services) (collectively, the “Service”).
This Agreement is legally binding on your access and use of our entire Service. In the event that this Agreement is in conflict with an additional agreement for your access and use of our Service, this additional agreement shall control.
We are not responsible for any engagement, agreement, or relationship with a third party or another user through, because of, or as a result of your use of the Platform and our services. If you enter into a relationship to perform services or deliver certain work product to a third party as a result of using our Platform, we do not become part of that agreement and relationship.
Access and use. Your access and use of our Service is regulated by this Agreement and your continuous access and use in the future is subject to your compliance to the terms and conditions hereunder and, if applicable, to any provisions from an additional agreement for any part of the Service. We reserve the right to restrict or temporarily or permanently prohibit your access or use of any part of or the entire Service.
Downtime Support. The Service may be not accessible at a given time for a certain period of time that we can perform maintenance work on the Services. We will use commercially reasonable efforts to perform these outside of business hours on Eastern Standard Time. You acknowledge that we do not give a guarantee of continuous and uninterrupted performance of the Service.
Support. In the event that you encounter an error in access or use with the Service, you can reach out to firstname.lastname@example.org during regular business hours. We will reply within a reasonable time. We cannot promise to fix your request support, but promise to use commercially reasonable efforts.
Use. The Platform and the Service are provided to you by us for your professional and commercial use. We do not promise engagement with a third party through our Platform. You understand that we and the Platform do not and cannot promise, warrant, or guarantee your engagement with a third party or other user through, or because of our Platform, will be commercially sensible, viable, or successful in any way, form, or manner. You are solely responsible for all obligations, representations, warranties, and covenants entered into between you and other users of this Platform. We are not responsible and we are not liable in any way for your failure to meet the expectations of that other user.
Setting Up An Account. You can set up an account (“Account”) if you complete our sign-up form, accept this Agreement and, if applicable, any additional agreement necessary for your use of our Service, and provide the required information in the sign-up form. If you have not registered before accessing and using any part of our Service that requires an Account, you will be prompted to the sign-up form for registration at the respective website.
Information Provided By you. The information you provide has to be information about you as well as accurate, truthful and shall not be in violation of our Code of Conduct. We are not responsible for any error in the provision of our Service if this error is based on inaccurate or false information that you provide or your breach of the Account Rules. You will be able to change your username, password, and your personal information. Such changes can result in a temporary restriction of your Account access and we reserve the right in the event of such changes to request payment of a fee, but only after we give you prior notice to such action.
Account Rules. You can only register one Account per unique email address and person and you can only access this Account with your email address and or username and password. You are responsible to keep your password confidential, for any activity performed by the Account, and it constitutes a breach of this Agreement if you sell, transfer or allow any other person to access your Account or offer to do so. If you become aware of an unauthorized access to your account by another party, you are prompted to immediately inform us.
(i) Your use of your Account is subject to this Agreement and a breach of these terms and conditions can be reason for us to terminate your Account. In particular, your use of your Account has to comply with our Code of Conduct.
Account Term. Your Account is effective until terminated by us or you. We can terminate your Account any time without prior notice and without limitation, in particular when you breach our Code of Conduct. You can terminate your Account any time by sending an email to email@example.com.
You may reactivate your Account at any time after termination, but we reserve the right to decline such a request at our sole discretion.
We caution you, and you agree and acknowledge, that in the event of termination, any access to features of our Service or promises by us reliant on your Account access, for example access to your profile and our network , are non-retrievable or non-refundable, , or made accessible for your by us, unless agreed to otherwise in an additional agreement.
Payment Terms. We may demand payment of one or several separate fees (“Subscription Fee”) for creating an Account and using the specific services accessible through your Account. We may pay a refund for your Subscription Fee at our sole discretion, for example, in the event that you cannot access your Account for an indefinite period of time or you or we terminate your Account before the term of the Account ends.
Ownership and License of Materials. All materials on our Platform (including, without limitation, text, design, graphics, logos, icons, images, audiovisual clips, downloads, interfaces, code, and software, as well as the selection and arrangement thereof, interview, portfolio photo, if commissioned or created by us), is our property (including its subsidiaries), our licensors’ or of third parties, such as but not limited to materials on websites linked to by the Platform or materials by other users of the Platform, and is protected by copyright, trademark, and other applicable laws. You may access, copy, download, and print the material contained on the Platform for your personal and non-commercial use. Any other use of material on the Platform, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any content, information, or software obtained from the Platform, or use of the Platforms for purposes competitive to us, is expressly prohibited.
We, our licensors and third parties, such as but not limited to websites linked to by the Platform or other users of the Platform, retain full and complete title to the material provided on the Platform, including all associated intellectual property rights, and provide this material to you under a license solely for your use of the Services and which is revocable at any time in our sole discretion. We neither warrant nor represent that your use of materials on the Platform will not infringe rights of third parties not affiliated with us.
Further, outside of the foregoing license we grant you a limited, revocable, non-sublicensable, and non-transferable license to reproduce and publicly display the Service solely for the purpose of live streaming your account, profile and content creation through the Service.
You may not use contact information provided on the Platform for unauthorized purposes, including marketing.
Trademarks on our Platform. Trademarks, logos, and service marks displayed on the Platform are our registered and unregistered trademarks, or of our subsidiaries, our licensors or content providers, or of other third parties. All of these trademarks, logos, and service marks are the property of their respective owners. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed on the site without the owner’s prior written permission, except as otherwise described herein.
License to your Content. You are responsible for any communications, images, sounds, or other material and info that you upload or transmit through our Service or transmitted through third party websites to our Service (“your Content”).
You grant us, from the time of uploading or transmission of your Content, a worldwide, perpetual, irrevocable, sub-licensable, transferable, assignable, non-exclusive and royalty-free right and license to use, reproduce, distribute, adapt, modify, translate, create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import your Content, including, all copyrights, trademarks, trade secrets, patents, industrial rights and all other intellectual and proprietary rights related thereto, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, including, giving your Content to others, without any compensation to you. You waive any moral rights you may have in your Content to the maximum extent permitted by the laws of your jurisdiction.
We reserve the right to modify and moderate your Content. You are aware and acknowledge that your Content that is hosted by third party services (for example youtube, Imgur etc.) will not be stored on our hosts but embedded as an in-line link. You are aware and acknowledge that your Content will be made publicly available through our websites and other users of the Platform will be granted a license to your Content pursuant to this Section of this Agreement.
Third Party Links. Our Platform may contain links to other websites, which may be operated by us or its affiliates or third parties (e.g. Instagram, Linkedin, or other portfolio platforms). We are not responsible for the content of those or any other websites or any products or services that may be offered through those or any other websites. A link to another website does not constitute an endorsement of that site, or of any product or service offered on that website, by us or our licensors. If you encounter a link that does not comply with the terms and conditions of this Agreement, you are prompted to immediately inform us.
The following is a list of prohibited behavior (“Code of Conduct”). The prohibition extends to clear, but also masked violations, and links to websites containing prohibited behavior.
Racial / Ethnic: Language that (a) promotes racial/ethnic hatred; (b) is recognized as a racial/ethnic slur; (c) alludes to a symbol of racial/ethnic hatred.
Extreme Sexuality / Violence: Language that (a) refers to extreme and/or violent sexual acts; (b) refers to extremely violent real life actions; (c) is pornographic.
Real-Life Threats: Language that refers to violence in any capacity that is not directly related to the Service.
Sexual Orientation: Language that insultingly refers to any aspect of sexual orientation pertaining to themselves or other users.
Hacks, Trojan Horses or Malicious Programs: Posting links to hacks, or malicious viruses / programs.
Obscene / Vulgar: Language that is an inappropriate reference to human anatomy or bodily functions or is pornographic in nature.
Inappropriate Language: Language that is a mildly inappropriate reference to human anatomy or bodily functions; is otherwise considered objectionable.
Harassing or Defamatory: Language that insultingly refers to other users or groups of people; results in ongoing harassment to other users or groups of people.
Major Religions or Religious Figures: Language that negatively portrays major religions or religious figures.
National: Language that promotes national hatred; that is recognized as national slur; that alludes to symbols of national hatred.
Illegal Drugs or Activities: Language that refers to abusing illegal drugs or to performing illegal activities.
Spamming or Trolling: Excessively communicating the same phrase, similar phrases, or pure gibberish; Creating threads for the sole purpose of causing unrest on the forums; Causing disturbances in forum threads, such as picking fights, making off topic posts that ruin the thread, insulting other posters; Making non-constructive posts.
Creating Duplicate Threads: Creating threads about existing topics; Creating a separate thread about an existing topic for further discussion in more than one forum.
Cross Linking Threads: Linking to threads from other forums; Creating threads with the sole purpose of linking another post.
Advertising: This category includes advertisement of any non-beneficial, non Service related businesses, organizations, or websites.
Your Content must be credited to the author and creator of that Content, unless the author and creator is you.
Violation of our Platform Rules, which you can find on our Platform.
Representations and Warranties. You warrant that
you have the full right and power to enter into this agreement and perform any of the actions mentioned throughout our Services;
you comply with the entire Agreement and, if applicable, any additional Agreement;
you comply with all applicable federal, state, and local laws, ordinances, and regulations, as they relate to the Agreement;
you do not undertake any action which infringes third party rights or constitutes a breach of any contractual obligation to a third party, in particular any third party service providers, such as but not limited to social media platforms(i.e. Instagram and Linkedin);
any and all information you submit or communicate to us through our Services is truthful, not false, misleading, inaccurate, or constitutes a deceptive or fraudulent act;
you omit any action designed to interfere with the proper function of any software, hardware, or equipment of ours, such as but not limited to uploading software viruses, malware, code, or programs; and
none of your Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we won’t be liable for any use or disclosure of your Content, and that your Content shall not violate any third-party rights; and
you do not undertake any of the following actions: (a) damage or get unauthorized access to any system, data, password, or other information on; (b) impose an unreasonable load on our infrastructure, or on our third-party providers, whereas we reserve the right to determine what’s reasonable; (c) use any kind of software or device, whether it’s manual or automated, to “crawl” or “spider” any part of the Site; (d) take apart or reverse engineer any aspect of the Service, if applicable in an effort to access things like source code, underlying ideas, or algorithms.
DISCLAIMER. THE PLATFORM AND THE SERVICE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND MADE BEYOND THE TERMS AND CONDITIONS OF THE AGREEMENT.
WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, QUALITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THE ACCURACY, RELIABILITY OR COMPLETENESS OF ANY INFORMATION PROVIDED BY US; THAT THE PLATFORMS AND THE SERVICE ARE NONINFRINGING; THAT ACCESS TO THE PLATFORM AND SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE PLATFORM AND THE SERVICE WILL BE SECURE; THAT THE SERVER THAT MAKES THE PLATFORM AVAILABLE WILL BE VIRUS-FREE. IF YOU DOWNLOAD ANY MATERIALS FROM THE PLATFORM, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS.
WE INSTRUCT YOU THAT IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE MAY NOT APPLY TO YOU. IN THE EVENT THAT THE ABOVE DOES NOT APPLY TO YOU, WE LIMIT OUR LIABILITY TO GROSS NEGLIGENCE, WILFUL CONDUCT, AND BODILY HARM.
LIMITATION OF LIABILITY. IN NO EVENT, AND TO THE FULLEST EXTENT PERMITTED BY LAW, SHALL WE BE LIABLE TO YOU, OR ANY OTHER PERSON OR ENTITY FOR ANY PERSONAL INJURY OR DAMAGES TO PROPERTY, DAMAGES FOR LOSS OF BUSINESS PROFITS OR OTHER PECUNIARY LOSS, INCLUDING ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES, ARISING OUT OF YOUR OR ANOTHER USERS ACCESS OR USE OF THE WEBSITES OR SERVICE, YOUR USE OF THE WEBSITE, AND SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE INSTRUCT YOU THAT IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE LIMITATION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
Indemnification. Subject to the terms, conditions, express representations and warranties provided in the Agreement, you agree to indemnify, save and hold us harmless from any and all damages, liabilities, costs, losses or expenses (including reasonable attorneys’ fees and costs) which may be incurred as the result of any claim, suit or proceeding brought or threatened against us (each a “Claim”) based on allegations which are inconsistent with any of your representations and warranties made herein, except in the event any such Claims, damages, liabilities, costs, losses or expenses arise directly as a result of gross negligence or willful misconduct of us.
Amending this Agreement. This Agreement cannot be modified by you. We may amend this Agreement at any time for the future. We will give you notice of change at your email that you provided us with upon your Account creation.
Whole Agreement. This Agreement represents the entire understanding between the parties, superseding all prior agreements between the parties with respect to the subject matter contained herein.
Assignment. Any rights granted hereunder are intended for the benefit of the parties to this Agreement and shall not be exercisable by any person who is not a party to this Agreement. You may not assign this Agreement; we may freely assign this Agreement without your consent and at our discretion.
Jurisdiction. Any dispute under the Agreement, and your relationship with us under the Agreement, shall be governed by the laws of New York without regard to its conflict or choice of laws provisions.
Severability. If any provision in the Agreement is invalid or unenforceable or contrary to applicable law, such provision shall be construed, limited, or altered, as necessary, to eliminate the invalidity or unenforceability or the conflict with applicable law, and all other provisions of this Agreement shall remain in effect.