Terms and Conditions of Use
These Terms and Conditions of Use constitute an agreement (the "Agreement") between you and Cuseum Inc. ("us", "we", or "our"), the owner of the website located at http://cuseum.com (the "Site") the mobile application entitled Cuseum App (the "App"), and the services offered by us (collectively with the Site and the App, the "Services"). Your use of the Services constitutes your agreement, without limitation or qualification, to be bound by and to comply with the terms of this Agreement. This Agreement will continue until terminated by either party, or modified or amended as set forth herein.
We hereby grant you a non-exclusive, non-transferable license to use the Site and the App in accordance with the terms of this Agreement. The license granted to you by us for the App is limited to a non-transferable license to use the App on any mobile device that you own or control. This license does not allow you to distribute or make the App available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the App.
3. Use of Services
You represent and warrant that you are at least 13 years of age and that you possess the legal right and ability to enter into this Agreement. You agree not to use the Services for any unlawful or abusive purpose or in any way which interferes with our ability to provide Services to our customers, or damages our property. You agree that your use of the Services is subject to all applicable local, state, national and international laws and regulations. You also agree:
- to comply with US law and local laws or rules regarding online conduct and acceptable content;
- not to host, submit content to or use the Services without the consent of a parent, guardian or educational supervisor if you are under the age of 13 (a "Minor");
- not to use the Services to engage in commercial activities without our express written permission;
- not to modify or copy any materials on the Site or the App, including removing any copyright or proprietary notations;
- not to use any materials on the Site or the App for any public display (commercial or non-commercial);
- not to transfer any materials on the Site or the App to another person or "mirror" the materials on any other server;
- not to use any robot, spider, scraper or other automatic device, process or means to access the Site or the App for any purpose without our express written permission;
- not to take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- not to attempt to decompile or reverse engineer any software contained on the Site or the App;
- not to upload or transmit viruses or other harmful, disruptive or destructive files; and
- not to disrupt, interfere with, or otherwise harm or violate the security of the Site or the App, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Site or the App.
In utilizing the Site and/or the App, you may be permitted to post, upload, transmit, display, publish, distribute, or otherwise submit material to the Site and/or the App (collectively, "Submit"), including, but not limited to, images, information, articles, photos, videos, or text (collectively, "Content"). You agree not to Submit any Content that:
- contains vulgar, profane, abusive, or hateful language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, sexual, racial or religious nature, or expressions of bigotry, racism, discrimination or hate;
- contains sexually explicit language, pictures or other materials;
- is defamatory, threatening, harassing, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, or unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights or right of publicity of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity; hatred or physical harm of any kind against any group or individual, such as Content that promotes racism, bigotry, obscenity, or discrimination;
- advertises, promotes or offers to trade any goods or services or engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
- is intended primarily to promote a cause or movement, whether political, religious or other;
- contains copyrighted content (copyrighted articles, illustrations, images, lyrics, photos, audio, video, poems, text, or other content) without the express permission of the owner of the copyrights in the content, or otherwise infringes any copyright, trademark, patent, trade secret, or other intellectual property right;
- constitutes, promotes or encourages illegal acts, the violation of any right of any individual or entity, or the violation of any local, state, national or international law, rule, guideline or regulation;
- reveals the identity or any personal details of any person other than yourself including, without limitation, any other member without that person's permission;
- contains any identifiable personal contact information (other than for purposes of registering for the Services);
- expresses or implies that any statements you make are made or endorsed by us;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits or provides personal information from anyone under 18;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personally identifying information for commercial or unlawful purposes from other users; or
- is not otherwise in compliance with this Agreement.
The foregoing is a partial list of the kind of Content that is illegal or prohibited on the Site and the App. We reserve the right to investigate and take appropriate legal action in our sole discretion against anyone who violates this Section or any other provision of this Agreement, including without limitation removing the offending Content from the Site or the App, terminating the violator's access to the Site and/or App, and contacting and disclosing information to the relevant authorities. We reserve the right (but disclaim any duty, obligation, or responsibility) to review, screen, refuse to post, remove in its entirety, or edit (at any time and without prior notice) any Content that we believe, in our absolute and sole discretion, may violate this Agreement.
You are solely responsible for the Content that you Submit to the Site and/or the App or transmit to other members. We will not be responsible, or liable to any third party, for the content, accuracy or legality of any Content posted on the Site and/or the App. We reserve the right to disclose your identity to any third party who claims that any Content posted by you on the Site and/or the App constitutes a violation of their intellectual property rights, their right to privacy, or any other rights.
By posting Content to any public area of the Site and/or the App, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, and display, the Content for all purposes connected to operating and promoting the Services. We will not sell or sublicense your Content to any third party, however if Cuseum Inc. is acquired, this license may be assigned to our successor.
Certain of the Services may permit and/or facilitate interactions among or between users, including through comments, discussion forums and/or similar features. If you choose to interact with other users of the Site or the App, you do so entirely at your own risk. You should exercise caution in evaluating what you see when involved in internet communication with people who are unknown to you and be aware that people may not necessarily be who they say they are and that people may provide information or behave in a way that is unreliable, misleading or illegal.
By using the Site or the App, you accept that any User messages and communication may not be genuine and you agree to take reasonable precautions in all interactions with other Users of the Site or the App, particularly if you decide to meet offline or in person. You are solely responsible for your interactions with other Users. You should not provide your personal or financial information (for example, your credit card, social security number or bank account information) to other Users.
6. Your Account
In order to obtain access to the Services, you will need to register by creating an account. If you choose to create an account, you agree to provide only accurate, complete registrationinformation, and you will keep that information up-to-date if it changes. When you register, you will be asked to provide your email address and create a password (a "Password"). Access to the Services is not authorized by any other person or entity using your email address and Password and you are responsible for preventing such unauthorized use. Individuals and entities whose privilege to access the Site or use the Services has previously been terminated by us may not register for an account, nor may you designate any of those individuals to use your account on your behalf. You are solely responsible for any and all access to the Services by persons using your email address and Password. Please notify us immediately if you become aware that your email address an Password are being used without authorization.
Although it is our intention for the Services to be available as much as possible, there will be occasions when the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
You may cancel or terminate your Password, account and/or use of any Services, with or without cause at any time, by providing written notice to us via email at firstname.lastname@example.org. We reserve the right, in our sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, any of the Services. We also reserve the right, in our sole and absolute discretion, at any time and with or without prior notice to you, to suspend, cancel, transfer, or terminate your Password, account, and/or use of any Services for any reason whatsoever.
7. Disclaimer of Warranties
THE MATERIALS AND CONTENT CONTAINED ON THE SITE AND/OR THE APP AND THE SERVICES ARE PROVIDED "AS IS". WE, THROUGH AND TOGETHER WITH OUR DIRECTORS, OFFICERS, STOCKHOLDERS, AGENTS, REPRESENTATIVES AND AFFILIATED ENTITIES (COLLECTIVELY, THE "COMPANY AFFILIATES" AND EACH A "COMPANY AFFILIATE") MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, REGARDING THE MATERIALS, CONTENT OR SERVICES WHATSOEVER AND HEREBY DISCLAIM AND NEGATE ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE . FURTHER, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON THE SITE AND/OR THE APP OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO OR ACCESSIBLE THROUGH THE SITE AND/OR THE APP. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
8. Limitation of Liability
IN NO EVENT SHALL ANY COMPANY AFFILIATE BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION, EVEN IF ANY COMPANY AFFILIATE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR THE APP OR OTHERWISE RELATING TO THE PROVISION OF SERVICES BY US.
THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, EXPENSES OR DAMAGES (INCLUDING ATTORNEYS' FEES), WHETHER KNOWN OR UNKNOWN, ARISING FROM, INCURRED AS A RESULT OF, OR IN ANY MANNER RELATED TO (A) YOUR USE OF THE SERVICES OR THE SITE OR APP, OR (B) YOUR PROMISES OR STATEMENTS MADE IN THIS AGREEMENT. YOU HEREBY AGREE TO WAIVE (TO THE EXTENT PERMISSIBLE) ALL LAWS THAT MAY LIMIT THE EFFECTIVENESS OF THE FOREGOING RELEASES. NOTWITHSTANDING THE FOREGOING, YOU SHALL NOT BE LIABLE FOR CLAIMS, EXPENSES OR DAMAGES ARISING FROM THE INTENTIONAL OR GROSSLY NEGLIGENT ACTS OF ANY THE COMPANY AFFILIATES. THIS INDEMNIFICATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
10. Ownership of the Site and the App
The Site, the App, and all information, materials and content available on the Site and/or the App, including without limitation any trademarks, logos, service marks, trade dress, text, and graphics, is the property of Cuseum Inc. and/or certain third-parties. Nothing contained on the Site or the App should be construed as granting, by implication or otherwise, any license or right to use any of the information, materials or content available on the Site and/or the App without the written permission of the party that owns such information, materials or content, whether it be Cuseum Inc. or a third party.
11. Revisions and Errata
The materials appearing on the Site and/or the App could include technical, typographical, or photographic errors. We do not warrant that any of the materials on the Site or the App are accurate, complete, or current. We may make changes to the materials contained on the Site and/or the App at any time without notice. We do not, however, make any commitment to update the materials.
The sites linked to or accessible through the Site or the App, if any, are not necessarily under our control and we are not responsible for the content of any linked or accessible site. The inclusion or omission of any link does not imply endorsement by us of any particular site, company or product. If you decide to access any of the third party sites linked to or accessible through the Site or the App, you do so entirely at your own risk.
13. Dealing with Third Parties
Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Site or the App, including but not limited to any museums, galleries or other providers, including payment and delivery of related goods or services or memberships, are solely between you and such third party. You agree that in no event shall any Company Affiliate be held responsible or liable for any loss or damage of any sort incurred as a result of or in connection with any dealings with such third parties.
We may revise this Agreement at any time. All changes to this Agreement are effective upon posting to the Site without notice. Your continued use of the Site or the Services after we post any modifications to this Agreement will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Agreement.
15. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, excluding that body of law applicable to conflicts of law. You agree that any suit, action or proceeding arising out of or relating to this Agreement shall be instituted only in a Massachusetts state or federal court sitting in Boston, Massachusetts, United States of America. You hereby waive any objection you may have now or hereafter to the laying of the venue of any such suit, action or proceeding, and irrevocably submit to the jurisdiction of any such court in any such suit, action or proceeding.
17. General Information
We may assign all or part of our rights or duties under this Agreement in connection with a sale of all or substantially all our assets (including the Site and operations) to a third party. You may not assign this Agreement without our prior written consent. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed to reflect the parties' original intent, and the remaining portions shall remain in full force and effect. This Agreement constitutes the entire agreement between us and you with respect to your use of the Site, the App, and Services, and it supersedes all prior or contemporaneous communications and proposals between us and you with respect thereto. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
Updated June 11, 2015