1. Amendment and Addenda. CultureDose may amend this Agreement at any time by informing you of the amended terms via email to your email address. Such amendments will be effective when CultureDose emails a notice of the revisions to you. Alternatively or additionally, CultureDose may display amended terms to you when you log in to CultureDose.net, in which case such terms shall be effective when posted by CultureDose. In addition, CultureDose may offer you additional rights or services via addenda to this Agreement, which shall amend this Agreement if you choose to accept such terms.
2. Submission of Content. Not applicable. We do not accept unsolicited material. We are not looking for additional writers at this time but do encourage Members to participate in discussion on our various Forums.
3. Pursuit of Infringers. If CultureDose identifies someone who is displaying our Content online in violation of this Agreement and CultureDose wishes to take action against the infringer, CultureDose will do so without qualm. The writing on the site belongs to the writers only and cannot be reproduced in any medium without express permission from the writer.
4. Removal of commentary on Message Board. CultureDose allows you to post in its online forums. At any time, without further notice, CultureDose Staff may delete these posts, or users, at its discretion. However, Members do not have the ability to delete any content once it is posted, though they are able to create multiple accounts.
5. Standards. You agree not to provide any Content to CultureDose that (a) infringes any third-party intellectual property or publicity/privacy rights, (b) violates any applicable law or regulation, (c) is defamatory, obscene or child pornographic, (d) contains any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, or (e) is otherwise tortious or criminal. If CultureDose receives any legal problems or punitive damages for posts left through a Member, this Member will be responsible for said charges, not CultureDose. Any Member found to be abusing CultureDose.net will be fined, and all access to CultureDose.net is logged.
6. Usage of Member Commentary. CultureDose retains all rights to reuse any posts from its Members that are listed in its forums.
7. Privacy. Because your privacy is important to, CultureDose.net offers you a number of choices to facilitate decisions about how you'd like CultureDose to use and disclose your personal information. By accepting this Agreement, you expressly consent to CultureDose disclosure and use of your personal information (including using email to communicate with you) as described in the then-current Privacy Policy (will insert link), which is incorporated herein by reference.
8. Termination. CultureDose may terminate your use of CultureDose.net immediately if (a) you breach this Agreement, (b) you repeatedly infringe upon the intellectual property rights of a third party or CultureDose writer, or (c) CultureDose is unable to verify any registration information you provide. Alternatively, in such circumstances, CultureDose may take some lesser remedies, such as hiding the display of some or all of your Content, or suspending your account. If you want to terminate your account, email webmaster@culturedose.net. CultureDose may choose to assume that you intended to terminate your account if you do not access it for more than 3 months. Following termination of your account for any reason (including inactivity), (1) at their sole option, CultureDose and its licensees may continue or stop publicly displaying some or all of your Content.
9. No Warranty. CULTUREDOSE.NET AND ITS SERVICES ARE PROVIDED "AS IS," AND CULTUREDOSE AND ITS SUPPLIERS AND CO-BRAND/CONTENT PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY), INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF QUIET ENJOYMENT, ACCURACY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, CultureDose does not promise or warrant to you that any aspect of the site and system will work properly or will be available continuously. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.
10. Liability Limits. IN NO EVENT SHALL CULTUREDOSE.net OR ITS SUPPLIERS OR CO-BRAND/CONTENT PARTNERS BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH CULTUREDOSE.NET, CULTUREDOSE.NET'S SERVICES OR THIS AGREEMENT.
11. Technical Limits. Without CultureDose express written consent, you may not (a) use any automated means to access CultureDose.net or collect any information from it (including without limitation robots, spiders or scripts), (b) frame CultureDose.net, place pop-up windows over its pages, or otherwise affect the display of its pages, (c) collect any personal information about users through CultureDose.net, including, but not limited to, their username or password, or display through the site any HTML fields that allow for text collection, (d) use ActiveX, Java, cookies, web bugs or other tracking technologies (such as HumanClick or Sitemeter), or (e) customize CultureDose.net in a way that adversely affects the display of any advertising or promotional links on CultureDose.net.
12. Governing Law and Arbitration. This Agreement is governed in all respects by the laws of the State of New York as such laws are applied to agreements entered into and to be performed entirely within New York between New York residents. Any controversy or claim arising out of or relating to this Agreement or CultureDose.net shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York, New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
13. Entire Agreement. This Agreement (and any addenda or statements expressly incorporated into this Agreement that you enter into) constitute the entire agreement, and supersede the provisions of any other agreements or understandings (oral or written), between the parties with respect to the subject matter of such documents. In the event of any conflict between the terms of this Agreement and an addendum, the provisions of the addendum shall control.
14. General. You agree to comply with all laws and regulations applicable to your access and use of CultureDose.net. If any portion of this Agreement is deemed unenforceable, that portion shall be enforced to the maximum extent possible and the remaining portions of the Agreement shall be given full effect. CultureDose' failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances. CultureDose shall be excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control. CultureDose may change, remove, or require registration to continue use of, any aspect of CultureDose.net at any time without further notice to you.
15. Other Disclosures. CultureDose.net is provided by CultureDose.net, 51 MacDougal Street, Ste 350 New York, NY 10012. CultureDose does not charge you any fees to use its services. However, any expenses (such as hardware, software and Internet access costs) or taxes you incur to access the site shall be your sole responsibility.
For purposes of the Digital Millennium Copyright Act, you may contact a CultureDose.net agent for service of notice at the foregoing address and phone number or by emailing corporate@culturedose.net. Please make sure that your notices fully comply with the requirements of such act.
The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 42 Broadway, New York, New York 10004.
