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Cultr Terms of Use

Updated: March 21, 2018

Thanks for using Cultr! These terms of use (“Terms“) cover your use and access to the Cultr Website, Apps and client software, and all Content, Services and/or Products available on or through it (“Platform“). Our Privacy Policy explains how we collect and use your information. By using our Platform, you’re agreeing to be bound by these Terms and our Privacy Policy. If you’re using our Platform for an organization, you’re agreeing to these Terms on behalf of that organization. Cultr is a trademark of Wellevue S.à r.l., a private limited company established under the laws of the Duchy of Luxembourg. Wellevue S.à. r.l. is the legal Party contracting with you for these Terms and is referred to in these terms as “we”, “us” or “Cultr”.

Your Content & Your Permissions

You must have access to an account (”Account”) to use Cultr. A company, organisation or other legal entity (“Organisation”) can sign up for such an Account. Your Organisation will provide you with credentials to log in to the Account. The Account is subject to your Organisation’s control and it may restrict or terminate your access to the Account. Your use of the Account is bound by these Terms and by any applicable agreements between you and your Organisation.

Sharing Your Content

Our Platform shares Your Content with others, so please think carefully about what you share.

Your Responsibilities

Cultr is provided as a culture change tool, based on doing missions. You understand that challenges and missions are voluntary. You alone decide which ones to do, and how to do them. You may always opt to not select or to not do a mission. Use Cultr wisely. DO NOT SELECT OR DO ANY MISSION THAT MAY PUT YOU, OTHER USERS OR YOUR ORGANISATION AT RISK OF ANY HARM.

You’re responsible for your conduct. Content in the Platform may be protected by others’ intellectual property rights. You may not copy, upload, download or share content unless you have the right to do so.

You may not create, transmit, display or make otherwise available any of content that violates the rights of others (including Cultr) or is harmful (for example viruses, worms and other destructive codes), offensive, threatening, abusive, harassing, tortuous, defamatory, vulgar, pornographic, obscene, invasive of another’s privacy, defamatory, hateful or otherwise unlawful.

We may review your conduct and content for compliance with these Terms. With that said, we have no obligation to do so. We aren’t responsible for the content people post and share via the Platform.

Help us keep you informed and Your Content and your Organisation’s Account protected. Safeguard your password to the Platform and keep your account information current. Don’t share your account credentials or give others access to your Organisation’s account.

You may use our Platform only as permitted by applicable law. Finally, our Platform are not intended for and may not be used by people under the age of 13. By using our Platform, you are representing to us that you’re over 13.

Software

Some of our Platform allow you to download client software (“Software“) which may update automatically. So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Platform. To the extent any component of the Software may be offered under an open source license, we’ll make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Platform, attempt to do so, or assist anyone in doing so.

Our Content

The Platform are protected by copyright, trademark, and other EU and foreign laws. These Terms don’t grant you any right, title or interest in the Platform, others’ content in the Platform, Cultr’s trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.

Third-Party Sites, Products and Services

  1. The Cultr Platform may include links to other websites or services (“Linked Sites”) solely as a convenience to Clients. Cultr do not endorse any such Linked Sites or the information, material, products, or services contained on or accessible through Linked Sites. Furthermore, Cultr makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Sites. Access and use of linked sites, including the information, material, products, and services on linked sites or available through linked sites, is solely at your own risk.
  2. You understand that when using the Platform or the Web Site, you may be exposed to Third Party Data from a variety of sources and that Cultr does not endorse, nor is responsible for the accuracy, usefulness, or intellectual property rights of or relating to such Third Party Data. You understand that Cultr cannot, and does not, review all Third Party Data and do not endorse any Third Party Data. You further understand and acknowledge that you may be exposed to Third Party Data that is inaccurate, misleading, offensive, indecent, or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Cultr with respect thereto.

Copyright

We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law. We reserve the right to delete or disable content alleged to be infringing and to suspend or terminate accounts of repeat infringers. Our designated agent for notice of alleged copyright infringement on the Platform is:

Copyright Agent:
Cultr – a trademarked service operated by Wellevue S.à. r.l.
681 rue de Neudorf
L-2220 Luxembourg, Luxembourg
copyright@cultr.works

Termination

You’re free to stop using our Platform at any time. We reserve the right to suspend or terminate your access to the Platform without notice to you if:

(a) you’re in breach of these Terms,

(b) you’re using the Platform in a manner that would cause a real risk of harm or loss to us or other users, or

(c) your Organisation’s Account has been suspended or terminated.

When your Organisation’s account is terminated or expired, all Your Content collected through the platform will be anonymized or deleted within 30 days or retained only if required by applicable laws.

Discontinuation of Platform

We may decide to discontinue the Platform in response to unforeseen circumstances beyond Cultr’s control or to comply with a legal requirement. If we do so, Your Content may be lost, and you will.

Platform "AS IS"

We strive to provide great a Platform, but there are certain things that we can’t guarantee. To the fullest extent permitted by law, Cultr and its affiliates, suppliers and distributors make no warranties, either express or implied, about the Platform. The Platform is provided “as is”. We disclaim any warranties of merchantability, fitness for a particular purpose and non-infringement. Some places don’t allow the disclaimers in this paragraph, so they may not apply to you.

Limitation of Liability

We don’t exclude or limit our liability to you where it would be illegal to do so. This paragraph doesn’t affect privacy rights that can’t be waived or limited by any contract or agreement.

In countries where exclusions or limitations of liability are allowed, Cultr, its affiliates, suppliers or distributors won’t be liable for:

1. Any indirect, special, incidental, punitive, exemplary or consequential damages, or

2. Any loss of use, data, business, or profits, regardless of legal theory. You will specifically not hold Cultr liable for any loss of Your Content, which may be caused by changes to the Account by your Organisation or by any other reason.

These exclusions or limitations will apply regardless of whether or not Cultr or any of its affiliates has been warned of the possibility of such damages.

Resolving Disputes

You and Cultr agree that any judicial proceeding to resolve any claim or dispute between you and Cultr that arises in whole or in part from the Platform shall be decided exclusively by the Courts of the City of Luxembourg.

Controlling Law

These Terms will be governed by the laws of the Grand Duchy of Luxembourg except for its conflicts of laws principles.

Entire Agreement

These Terms constitute the entire agreement between you and Cultr with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights. Cultr and your Organisation may agree on Special Terms. In case of conflict between the Special Terms and these Terms, the Special Terms shall prevail.

Waiver, Severability & Assignment

Cultr’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Cultr may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Platform.

Modifications

We may revise these Terms from time to time to better reflect:

(a) changes to the law,

(b) new regulatory requirements, or

(c) improvements or enhancements made to our Platform.

If an update affects your use of the Platform or your legal rights as a user of our Platform, we’ll notify you prior to the update’s effective date by sending an email to the email address associated with your account or via an in-product notification. By continuing to use or access the Platform after the updates come into effect, you agree to be bound by the revised Terms.