Terms & Policies
Acceptable Use Policy
PLEASE READ THIS DOCUMENT CAREFULLY. This Acceptable Use Policy ("Agreement") is a legal agreement between you (referred to herein as "you" or "your") and CultureHQ, Inc. ("CultureHQ", "we", "our", or "us") for access to and use of our web and mobile application (the "Application") and the related software, feeds, and online services owned, controlled or offered by us (referred to collectively as the "Service").
BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IN ADDITION TO THIS AGREEMENT, YOU ACKNOWLEDGE THAT USE OF EACH CULTUREHQ SOFTWARE APPLICATION FOR MOBILE DEVICES (each, an "App") IS GOVERNED BY AN APPLICABLE END USER LICENSE AGREEMENT (each, a "EULA"). YOU MAY ONLY USE AN APP IF YOU AGREE TO THE APPLICABLE EULA FOR SUCH APP.
IF ANY OF THE TERMS OF THIS AGREEMENT ARE UNACCEPTABLE TO YOU OR IN THE EVENT THAT ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, DO NOT USE THE SERVICE (INCLUDING THE APP). YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF ANY CHANGES IN THIS AGREEMENT, WILL INDICATE ACCEPTANCE AND AGREEMENT BY YOU OF SUCH CHANGES.
YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO ENTER INTO THIS AGREEMENT AND TO BE BOUND BY ITS TERMS. IF YOU ARE ACTING ON BEHALF OF A COMPANY OR ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY.
1. The Service
A. You agree that (i) you will use the Service solely in accordance with this Agreement, (ii) all information supplied by you to us will be true, accurate, current and complete, (iii) you may receive electronic communications (e.g., e-mail notices) from us from time to time, and (iv) you will review the latest version of this Agreement posted on the Service from time to time to check for amendments that may apply to you. We retain the right at our sole discretion to deny or suspend access to the Service to anyone, at any time and for any reason, without liability.
B. You acknowledge and agree that your use of the Service, including, without limitation, the storage of any data, files, information and/or other materials on a server owned or under our control or in any way connected to the Service, shall be at your sole risk and responsibility and we shall have no obligation to back-up such data, files, information and/or other materials. We expressly reserve the right to limit storage capacity and to remove and/or delete any data, files, and/or other information stored or used in connection with the Service for any reason.
C. You are responsible for any breach of your obligations under this Agreement and for the consequences of any such breach.
D. We cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings, or other interruptions. We cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or settings.
E. Your mobile carrier's normal messaging, data and other rates and fees will apply to all communications we may send to your mobile device and to your access of the Service via your mobile device.
2. Restrictions on Use of the Service
You agree not to, and shall not permit any third party to:
(i) use the Service for any unlawful purpose; (ii) upload, post, or distribute any defamatory, libelous, or inaccurate content; (iii) upload, post, or distribute any content that is hateful, harmful, threatening, abusive, harassing, tortious, vulgar, obscene, invasive of privacy, or racially or ethnically objectionable; (iv) permit any unauthorized user to access and/or use the Service; (v) export data or information in violation of U.S. or applicable foreign export control laws; (vi) reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service; (vii) remove any proprietary notices, labels, or marks from the Service; (viii) frame or mirror any part of the Service; (ix) use bots, crawlers, scrapers, or other automated means to access the Service; (x) register with false, inaccurate, or misleading information; (xi) post unauthorized commercial communications or links; (xii) impersonate any person or entity; (xiii) collect or store personal data about other users; (xiv) use the Service to send unsolicited messages or spam; (xv) attempt to gain unauthorized access to the Service or its systems; (xvi) create or maintain more than one account; or (xvii) interfere with or disrupt the Service or its servers or networks.
3–5. Provision of Service, Access Rights & Account Security
3. Provision of the Service. We are constantly innovating to provide the best possible experience. You acknowledge that the form and nature of the Service may change from time to time without prior notice.
4. Access to the Service. Subject to this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service solely for your personal or internal business purposes. We reserve all rights not expressly granted.
5. Account Security. You are responsible for safeguarding your password and for all activities under your account. You agree to notify us immediately of any unauthorized use of your account.
6. Content in the Service; Citations
A. All information, data, text, software, photographs, graphics, video, messages, or other materials ("Content") are the sole responsibility of the person from whom such Content originated. You retain ownership of any intellectual property rights in Content you submit.
B. By submitting Content on or through the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute such Content in connection with the Service. You represent that you have all rights necessary to grant this license.
C. We do not endorse or guarantee the completeness, accuracy, or reliability of any Content posted via the Service. We reserve the right to remove Content that violates this Agreement. You are responsible for ensuring proper attribution when citing third-party sources.
D. Your organization's administrators may select Content you have posted to share externally. If you prefer that specific Content is not shared, please contact your administrators.
7. Intellectual Property
A. The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of CultureHQ, Inc. and its licensors.
B. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
C. You acknowledge that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws.
8. Copyright Agent
We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA), we will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to our designated copyright agent.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information: a description of the copyrighted work, identification of the infringing material, your contact information, a statement of good faith belief, and a statement of accuracy under penalty of perjury.
9. Privacy Policy
Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your personal information when you use the Service. By using the Service, you agree to the collection and use of information in accordance with our Privacy Policy.
10. Changes to Agreement
We reserve the right, at our sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised terms.
11. NO WARRANTIES
THE SERVICE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND. 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.
12. DISCLAIMER OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, DIRECTORS, SHAREHOLDERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS OR THIRD-PARTY LICENSORS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES ARISING OUT OF OR RELATING TO THIS AGREEMENT AND/OR THE SERVICE PROVIDED HEREUNDER.
13–20. General Provisions
13. Release and Indemnification. You agree to release, indemnify, and hold harmless CultureHQ from and against any claims, liabilities, damages, losses, and expenses arising out of your use of the Service or violation of this Agreement.
14. California Waiver. If you are a California resident, you waive California Civil Code Section 1542 regarding unknown claims at the time of release.
15. Term and Termination. This Agreement is effective until terminated. We may terminate your access immediately for any reason. Upon termination, your right to use the Service will immediately cease.
16. Governing Law. This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. Any dispute shall be resolved exclusively in the federal or state courts located in Suffolk County, Massachusetts.
17. Severability. If any provision is held unenforceable, the remaining provisions will continue in full force and effect.
18. No Assignment. You may not assign or transfer this Agreement without our prior written consent.
19. Communications. You agree that we may communicate with you electronically and that such communications satisfy any legal writing requirements.
20. Entire Agreement. This Agreement constitutes the entire agreement between you and CultureHQ regarding the use of the Service.