THIS IS A LEGAL AGREEMENT BETWEEN YOU (referenced herein as “You/you” or “user” or with “your”) AND The Culturalite, a New York Limited Liability Corporation (referenced herein as “Culturalite”), THAT APPLIES EACH TIME YOU ACCESS OR USE https://www.theculturalite.com  (“Website”). PLEASE READ THESE TERMS OF USE (“TOU”) CAREFULLY BECAUSE THEY GOVERN YOUR ACCESS TO AND USE OF THE CONTENT (“CULTURALITE Materials”) PROVIDED THROUGH THIS WEBSITE.

CULTURALITE IS WILLING TO ALLOW YOU TO USE THIS WEBSITE ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TOU CONTAINED HEREIN.  IF FOR ANY REASON, YOU ARE UNABLE OR UNWILLING TO AGREE TO THIS TOU, YOU AGREE THAT YOUR PERMISSION HAS BEEN REVOKED TO ACCESS OR USE THIS WEBSITE AND AGREE TO CEASE USING OR ATTEMPTING TO USE THIS WEBSITE IMMEDIATELY.

Introduction

These TOU govern your use of this website and the purchase use of anything from this website. By utilizing this website and/or purchasing or utilizing any products from this website, you agree that these TOU govern and agree to abide by them in full without reservation.

License to use website

Subject to your compliance with this TOU, Culturalite provides to you a personal, revocable, limited, non-exclusive, royalty-free, and non-transferable license to utilize this WEBSITE. Unless otherwise stated, Culturalite owns the intellectual property rights published on this website and all materials used on www.theculturalite.com . Subject to the terms below, all these intellectual property rights are reserved.

You may view and download for caching purposes files or other content from our website for your own personal use, subject to the restrictions set out below and elsewhere in this agreement.

If any of our content is made available for redistribution, it may only be redistributed within your home or organization if you have paid a fee to be determined on the Culturalite website.

Restrictions

Notwithstanding the foregoing license grant, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein, on this WEBSITE.  Specifically, and by way of illustration and not limitation, you may not separate and use any graphics, interfaces, photographs, audio, video, sounds, artwork, designs, computer code (including html code), programs, software, and documentation found on or accessible through this website that is not expressly authorized for your use.

Moreover, you may not:

(i) use any “deep link,” “page scrape,” “robot,” “spider,” or any other device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of this website or in any way reproduce or circumvent the navigational structure or presentation of this website in order to obtain or attempt to obtain any of Culturalite’s Materials or any other information through any means not purposely made available through this WEBSITE;

(ii) attempt to gain unauthorized access to (a) any portion or feature of this website, (b) any other systems or networks connected to this website, (c) any CULTURALITE server, or (d) to any of the services offered on or through this website, by hacking, password “mining,” or any other illegitimate or prohibited means;

(iii) probe, scan, or test the vulnerability of this website or any network connected to this website, nor breach the security or authentication measures on this website or any network connected to this website;

(iv) reverse look-up, trace, or seek to trace any information on any other user of or visitor to this website,

(v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this website or CULTURALITE ’ systems or networks or any systems or networks connected to this website,

(vi) use any device, software, or routine to interfere with (a) the proper working of this website, (b) any transaction conducted on this website, or (c) with any other person’s use of this website,

(vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to CULTURALITE  on or through this website,

(viii) use this website to harvest or collect e-mail addresses, contact information, or other user or visitor information; or

(ix) use this website in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact CULTURALITE .

Direction to Third Party Website

By agreeing to this TOU, you acknowledge that Culturalite has the right to direct you to third party websites or to even third party vendors or artists. By agreeing to these terms, you also acknowledge that Culturalite will not be responsible for the actions of any third party we may link you to.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. Culturalite makes no representations or warranties in relation to this website or the information and materials provided herein.

We also do not warrant that:

  • this website or a third party’s website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading; or

Full Limitation of Liability and Indemnity

BY ACCEPTING THESE TERMS, YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOU, YOUR IMAGE, OR YOUR PROPERTY, EVEN IF DUE TO MALICIOUS OR UNAUTHORIZED CODE. YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE REASONABLE MECHANISMS TO SECURE AND PROTECT YOUR EQUIPMENT, PROGRAMS AND INFORMATION BECAUSE YOU WAIVE YOUR RIGHTS, NOT US, AND ARE ASSUMING ALL RISK OF LOSS OR DAMAGE THAT MAY ARISE OR BE ASSOCIATED WITH USE OF THIS WEBSITE.

We will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with this website or products utilized from this website or any third party websites we may direct you to:

  • to the extent that this website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

You expressly absolve and release us from any claim of harm resulting from a cause beyond our reasonable control, including, but not limited to: failure of electronic or mechanical equipment or communication lines; telephone or other interconnect problems; computer viruses; unauthorized access; theft; operator errors; severe weather; earthquakes; or natural disasters, strikes, or other labor problems, wars, or governmental restrictions.

Additionally, by using this website and any of our products or future products, you agree to defend CULTURALITE  and any or all of our sponsors, members, affiliates, suppliers, artists, promotional partners, operational service providers, agents and representatives (collectively, the “CULTURALITE  Entities”) against any demands, claims or actions arising out of or as a result of your breach or violation of this TOU, including any violations of law and regulation, as well as claims of infringement, misappropriation or violation of the rights of others (“Claim”) and you shall indemnify and hold CULTURALITE  harmless from and against any and all losses, damages, costs and expenses, including attorneys’ fees, resulting from any such Claim. CULTURALITE shall have the right, at any time, to assume the defense against any Claim and all negotiations for settlement and compromise and you agree to cooperate with us in any such defense.

Exceptions

This TOU will not exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this TOU will exclude or limit the liability of Culturalite in respect of any:

  • death or personal injury caused by the negligence of our agents, employees or owners;
  • fraud or fraudulent misrepresentation on our part; or
  • a matter which it would be illegal or unlawful for us to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website and/or any of our products, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. Prior to accepting these terms, if you disagree with the reasonableness of our exclusions and/or the limitation of liability, you agree to immediately cease from utilizing this website.

Other parties

You accept that, as a limited liability entity, Culturalite has an interest in limiting the personal liability of our Members and/or Employees. You agree that you will not bring any claim personally against Culturalite Members or Employees in respect of any losses you suffer in connection with this website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Culturalite’s Members, Employees, agents, partners, subsidiaries, successors, assigns and sub-contractors.

Minors

Culturalite does not knowingly collect personally identifiable information from children under the age of eighteen. If you are under the age of eighteen, you must ask your parent or guardian for permission to use this website or to purchase anything from this website.

Breaches of this TOU

Without prejudice to Culturalite’s other rights under this TOU, if you breach this agreement in any way, we may take such action as we deems appropriate to deal with the breach, including suspending your access to this website, prohibiting you from accessing this website, blocking computers utilizing your IP address from accessing this website, contacting your internet service provider to request that they block your access to this website, and/or bringing court proceedings against you.

Assignment

Culturalite may, at any time, transfer, sub-contract or otherwise deal with our rights and/or obligations under this TOU without notifying you or obtaining your consent.

However, you agree that you may not transfer, sub-contract or otherwise deal with your rights and/or obligations under the TOU under ANY circumstance.

Severability

If a provision of these TOU is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that specific part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These TOU constitute the entire agreement between you and Culturalite in relation to your use of this website, our services off of this website, and supersede all previous agreements, except for our Privacy Policy, in respect to your use of this website and any of our products.

Law and jurisdiction

These TOU will be governed by and construed in accordance with the laws of New York, USA, and any disputes relating to these TOU will be subject to the exclusive jurisdiction of New York courts.

Variation

Culturalite may revise this TOU from time-to-time. Revised TOU will apply to the use of this website from the date of the publication of the revised TOU on this website. Please check this page regularly to ensure you are familiar with the most current version.

Contact Information

Culturalite welcomes your questions or comments regarding these TOU. If you believe that Culturalite has not adhered to this Statement, please contact Culturalite at: info@culturalite.com