CULTURE MAP TERMS & CONDITIONS
Terms and Conditions
Last updated: December 16, 2019
Culture Map, Inc., a Delaware corporation (“we”, “us” and “our”), is pleased to make the Erin Meyer / The Culture Map website located at erinmeyer.com (the “Site”) and any products, content, tools, software, and services provided to you on, from, or through the Site (the "Services") available for your use and benefit.
These Terms and Conditions (the“Terms”) set forth the terms and conditions governing your use of the Site and Services and do not alter in any way the terms and conditions of any other agreement you may have with us. If you breach any of these Terms, your authorization to use the Site and Services automatically terminates and you must immediately discontinue use of the Site and Services.
Acceptance of Terms
Please read these Terms carefully before using, browsing, or accessing the Site or Services.
We may change these Terms from time-to-time and without prior notice by posting the modified Terms to the Site. You expressly agree that we shall have no obligation to provide you with any notice of any changes, and you hereby
We may modify, change, suspend, terminate or discontinue the operation of part or all of the Site or Services without notice to you.
Collection of your Information
All content, software, and technology included on this Site, used in the operation of this Site, or in connection with the Services is the owned or licensed property of ours or our content, software, and technology suppliers, and is protected by U.S. and international copyright laws. In addition, the compilation (meaning the collection, arrangement, and assembly) of all content on the Site and Services is our exclusive property and protected by U.S. and international copyright laws. Except for Purchased Services as set forth below, we grant you permission to view and use content made available to you on the Site and Services in connection with your own personal, noncommercial use of the Site and Services. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content, software, and technology on or in the Site or Services is strictly prohibited without our prior written permission.
The trademarks, service marks, trade dress, and “look and feel” (the "Trademarks") used and displayed on the Site and Services are our and other parties’ Trademarks. Nothing on the Site and Services shall be construed as granting any license or right to use any Trademark displayed on the Site or Services without the prior written permission of the Trademark owner. Other product and company names mentioned in the Site and Services may be the Trademarks of their respective owners.
Other Intellectual Property
All other intellectual property rights related to the content, software, and technology on or in the Site and Services or used in the operation of the Site or Services, including without limitation, patents, trade secrets, trade dress, publicity rights, character rights, titles, and artistic and moral rights are our owned or licensed property. Any use of these rights without our prior written permission is strictly prohibited.
If you wish to purchase certain Services made available through the Site (“Purchase”), you may be asked to supply certain information relevant to your Purchase such as your credit card number, the expiration date of your credit card, other payment details, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other accepted payment method(s) in connection with any Purchase; and (ii) the information you supply to us for such Purchase is true, correct and complete. By submitting such information, you authorize us to provide the information to third parties for purposes of facilitating the completion of Purchases. You shall be responsible for any and all uses of your credit card, debit card, or any other payment method used in or under your name or account.
We reserve the right to refuse or cancel your order for a Purchase at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order, or other reasons.
We further reserve the right to refuse or cancel your order for a Purchase if fraud or an unauthorized or illegal transaction is suspected.
License for Purchased Services
Subject to these Terms, we hereby grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferrable right and license to have access to and use the Services solely for your internal business purposes and for the tool, number of users, and length of time specified in your order for a Purchase.
Except as otherwise expressly permitted, you will not, and will not permit any third party to, use the Services in any manner or for any purpose other than as expressly permitted by this Agreement. You will not, or will not attempt to, and will not permit any third party to: (i) modify, alter, tamper with, copy, translate, or otherwise create derivative works of the Services or any part thereof or otherwise attempt to discover any source code, underlying data, algorithms, or modify the Services in any manner or form; (ii) reverse engineer, disassemble, or decompile the Services or apply any other process or procedure to derive the source code of or algorithms in any software used or included in the Services; (iii) resell, rent, lease, sublicense the Services, or provide access to the Services to a third party; (iv) use the Services to develop any software or other technology having the same primary function as the Services; (v) use the Services in a manner that interferes with other users' use of the Services; (vi) use the Services for competitive analysis or to build a competitive product; (vii) link to, mirror or frame any portion of the Site or Services; (viii) remove or obscure any proprietary or other notices contained in the Services; or (ix) use the Services in any manner that violates applicable law.
We or our content providers, affiliates or licensors own and reserve all right, title, and interest in and to the Services. These Terms do not grant you any rights in or to the Services or any of its components except for the limited rights to use the Services expressly granted by these Terms.
If you are a registered user of the Site or Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account or password. By using the Site or Services, you agree to: (a) provide true, accurate, current, and complete information about you; (b) maintain and promptly update such information to keep it true, accurate, current, and complete; and (c) notify us of any security breach or unauthorized use of your account or password. We have the right, without notice and in our sole discretion, to suspend or terminate your access to the Site or Services, refuse or restrict access or service, terminate accounts, or remove or edit content.
Your right to the Site and Services will automatically terminate if you fail to comply with any term of these Terms. No notice will be required from us to effectuate such termination and you will receive no refunds. Upon termination of these Terms, your right to use the Site and Services shall terminate immediately and we may delete your account. If you wish to terminate your account, you may simply discontinue using the Site and Services.
Information in the Site and Services may contain typographical errors, inaccuracies, or omissions and may not be current. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without notice to you.
THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE AND OUR CONTENT PROVIDERS, AFFILIATES AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SITE AND SERVICES, INCLUDING ANY WARRANTY THAT THE SITE OR SERVICES OR THIRD PARTY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT OR DATA WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR CONTENT PROVIDERS, AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, ACCURACY OF INFORMATIONAL CONTENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.
NEITHER WE NOR OUR CONTENT PROVIDERS, AFFILIATES OR LICENSORS WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE SITE OR SERVICES. NEITHER WE NOR OUR CONTENT PROVIDERS, AFFILIATES AND LICENSORS SHALL BE RESPONSIBLE FOR DAMAGES, OR OTHER LOSSES RESULTING FROM USE OF THE SITE OR SERVICES. WE ARE NOT RESPONSIBLE FOR UNAUTHORIZED ACCESS TO YOUR DATA OR INFORMATION OR FOR UNAUTHORIZED ACCESS TO, ALTERATION, THEFT, CORRUPTION, LOSS OR DESTRUCTION OF YOUR DATA OR INFORMATION THROUGH THE SITE OR SERVICES.
YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE AND SERVICES, THAT SUCH USE IS AT YOUR SOLE RISK.
Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above exclusions or limitations may not apply in all cases but they shall apply to the extent permitted by applicable law.
Limitation of Liability
NEITHER WE NOR OUR CONTENT PROVIDERS, AFFILIATES OR LICENSORS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL, DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES) ARISING FROM OR RELATING TO THESE TERMS, THE SITE, THE SERVICES, OR YOUR RELIANCE ON THE SITE OR SERVICES, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EVEN IF WE OR OUR CONTENT PROVIDERS, AFFILIATES OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE AGGREGATE LIABILITY OF US, OUR CONTENT PROVIDERS, AFFILIATES AND LICENSORS ARISING FROM OR RELATING TO THESE TERMS, THE SITE, THE SERVICES, AND YOUR RELIANCE ON THE SITE OR SERVICES, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL BE LIMITED TO ACTUAL DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED THE GREATER OF: (A) TWENTY US DOLLARS ($20.00); OR (B) AGGREGATE FEES ACTUALLY RECEIVED BY US FROM YOU HEREUNDER DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE CLAIM FOR DAMAGES OCCURRED.
Prohibited Activities and Visitor Obligations
As a visitor to or user of the Site or Services you shall not:
- * violate any applicable law or regulation;
- * upload, post, use, transmit, or otherwise make available, including by e-mail, (each, a “Post”) any content or information that is false or inaccurate;
- * Post any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or could otherwise be considered to be objectionable;
- * impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent your affiliation with a person or organization;
- * engage in any activities or manipulate identifying material to misrepresent the origin of content;
- * Post any content that is subject to any disclosure restrictions;
- * Post any materials, items, information or content that infringes or otherwise violates any patent, copyright, trademark, or any other intellectual property rights;
- * Post any unsolicited or unauthorized advertising or promotional materials, including without limitation, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
- * use the Site or Services for any activity that is unlawful, harmful, threatening, abusive, harassing, stalking, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or that could otherwise be considered to be objectionable;
- * Post any material that contains software viruses, malware, or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment;
- * interfere with or otherwise limit the use of the Site or Services by other users;
- * collect, compile, or store personal information about other users of the Site or Services;
- * disrupt or interfere with the security of, operation of, or otherwise cause harm to, the Site, the Services or the systems resources, accounts, usernames and passwords, servers, or networks connected to or accessible through the Site, the Services, or any affiliated or linked sites;
- * use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the web pages on the Site, the Service or the content contained therein without our prior express written permission; or
- * use the Site or Services for your own commercial purposes.
You agree that you are solely responsible for the Posting of any content (e.g., text, images, documents, photographs, videos) that you make available on or send through the Site or Services.
You agree to indemnify and hold harmless us, our content providers, affiliates and licensors, and each of our and their respective employees, officers, directors, and representatives from and against any claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to any third party claim concerning: (a) your use of the Site or Services; (b) your breach of these Terms; or (c) the actions of any person gaining access to the Site or Services under your account.
Links to Other Web Sites
Governing Law; Dispute Resolution.
These Terms shall be construed in accordance with and governed by the laws of the State of New York, USA, without regard to its conflicts of laws principles. With regard to matters for which we believe it necessary to seek equitable relief, or, in our discretion, to recover monies owed to it by you, we may seek any available remedy at law or in equity from a court of competent jurisdiction. Except with regard to the foregoing matter, any dispute, claim or controversy arising out of or in connection with these Terms which has not been settled through negotiation within a period of ninety (90) days after the date on which either party shall first have notified the other party in writing of the existence of a dispute shall be settled by final and binding arbitration under the International Arbitration Rules of the International Centre for Dispute Resolution (“ICDR”) of the American Arbitration Association (“AAA”). Any such arbitration shall be conducted by a single arbitrator. Any such arbitration shall be conducted in the State of New York in the English language. An arbitral award may be enforced in any court of competent jurisdiction. Notwithstanding any contrary provision in the ICDR Rules, the following additional procedures and rules shall apply to any such arbitration:
- * The arbitrator may not award or assess punitive damages against either party;
- * Each party, at the discretion of the arbitrator, may have limited prehearing discovery, including written interrogatories, document discovery and depositions of witnesses who are expected to be called to testify at the hearing;
- * The arbitrator shall render his/her award promptly upon conclusion of the hearing, together with a written opinion; and
- * Each party shall bear its own costs and expenses of the arbitration or any appeal and one-half (1/2) of the fees and costs of the arbitrator, subject to the power of the arbitrator, in his/her sole discretion, to award all such reasonable costs, expenses and fees to the prevailing party.
Not withstanding any language to the contrary in these Terms, the parties hereby agree: that any arbitral award may be appealed pursuant to the AAA’s Optional Appellate Arbitration Rules (“Appellate Rules”); that any arbitral award rendered by the arbitrator shall, at a minimum, be a reasoned award; and that any arbitral award shall not be considered final until after the time for filing the notice of appeal pursuant to the Appellate Rules has expired. Appeals must be initiated within thirty (30) days of receipt of any arbitral award, as defined by Rule A-3 of the Appellate Rules, by filing a Notice of Appeal with any AAA/ICDR office. Following the appeal process the decision rendered by the appeal tribunal may be entered in any court having jurisdiction thereof.
English has been used in the preparation of these Terms, and English shall be the controlling language with respect to these Terms and their interpretation.
Any failure by us to enforce any provision of these Terms shall not be construed as a waiver of any provision or the right to enforce same.
These Terms do not, and will not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us. If any portion of these Terms is held to be invalid, such holding shall not invalidate the other provisions of these Terms.
Use of the Site and Services is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms. Use of the Site or Services is unauthorized in any jurisdiction where all or any portion of the Site or Services may violate any legal requirements and you agree not to access the Site or Services in any such jurisdiction.
You are responsible for compliance with applicable laws.
By submitting questions, comments, suggestions, ideas, and similar materials or information that you send or submit to us through email or our suggestion or feedback pages (collectively, "Submissions"), you acknowledge and agree that: (a) your Submission automatically becomes our property; (b) you hereby transfer, sell, and assign to us all of your right, title, and interest in and to any such Submissions, including without limitation, any and all related patent, trademark, copyright, moral rights, and other intellectual property rights; (c) we have no obligation to maintain any confidentiality with respect to any such Submissions; and (d) we shall be free to use your Submissions for any purpose whatsoever without providing you notice or receiving your consent, and without restriction or compensation.
If you have any questions about these Terms, please contact us.
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