Acceptance of Terms
Culture on the Couch content
User Generated Content (User Submissions)
Content added, created, uploaded, submitted, distributed, posted or otherwise obtained through The Platform by users, including Content that is added to The Platform in connection with users linking their accounts to third party websites and services, is collectively referred to as, “User Generated Content.” (From now on referred to as ‘User Submissions’)
By submitting User Submissions on the Platform, you hereby do and shall grant Culture on the Couch a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, copy, edit, modify, reproduce, analyse, distribute, prepare derivative works of, create a photo album of, display, translate, perform, and otherwise fully exploit the User Submissions in connection with Culture on the Couch (and its successors and assigns’) business, including without limitation for redistributing part or all of the Platform (and derivative works thereof) or The Platform in any media formats and with any Authorised Users through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each Authorized User, including Third Party Media, a non-exclusive license to access your User Submissions through Culture on the Couch, and to use, edit, modify, reproduce, distribute, prepare derivative works of, create and order a photo album of, display and perform such User Submissions in connection with their use of the Platform, Service and Third Party Media. For clarity, the foregoing license grant to Culture on the Couch does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing with Culture on the Couch. You represent and warrant that you have all rights to grant such license to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights. You understand that all information publicly posted or privately transmitted through the Platform is the sole responsibility of the person from which such Content originated; that Culture on the Couch will not be liable for any errors or omissions in any Content; and that Culture on the Couch cannot guarantee the identity of any other users with whom you may interact in the course of using The Platform. When you delete your User Submissions, they will be removed from The Platform. However, you understand that any removed User Submissions may persist in backup copies for a reasonable period of time (but following removal will not be shared with others).
Rules and Conduct
Culture on the Couch welcomes your feedback regarding Culture on the Couch’s existing business. If you want to send us your feedback, and we hope you do, we simply request that you send it to us at [email protected] Please provide only specific feedback on Culture on the Couch’s existing products or marketing strategies; do not include any ideas that Culture on the Couch’s policy will not permit it to accept or consider. It’s just one more way that Culture on the Couch can learn how to best satisfy your needs. Any feedback you provide to Culture on the Couch or any of its employees shall be deemed to be nonconfidential. Culture on the Couch shall be entitled to the unrestricted use of the feedback for any purpose whatsoever, commercial or otherwise, without compensation or attribution to you.
Third Party Sites and Services
Culture on the Couch may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Platform. When you access third party websites, you do so at your own risk. These other websites are not under Culture on the Couch’s control, and you acknowledge that Culture on the Couch is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Culture on the Couch or any association with its operators. You further acknowledge and agree that Culture on the Couch shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
Save to the extent required by law, Culture on the Couch has no special relationship with or fiduciary duty to you. You acknowledge that Culture on the Couch has no control over, and no duty to take any action regarding: which users gain access to The Platform; what Content you access via The Platform; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Culture on the Couch from all liability for you having acquired or not acquired Content through The Platform. Culture on the Couch may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Culture on the Couch makes no representations concerning any content contained in or accessed through the app, and Culture on the Couch will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through The Platform. You release us from all liability relating to your connections and relationships with other users. You understand that we do not, in any way, screen users, nor do we inquire into the backgrounds of users or attempt to verify their backgrounds or statements. We make no representations or warranties as to the conduct of users or the veracity of any information users provide. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with The Platform, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with users or persons you may otherwise meet through The Platform. As such, you agree to take reasonable precautions and exercise the utmost personal care in all interactions with any individual you come into contact with through The Platform, particularly if you decide to meet such individuals in person. For example, you should not, under any circumstances, provide your financial information (e.g., credit card or bank account numbers) to other individuals. THE SITE, SERVICE AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW. Culture on the Couch, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) Culture on the Couch WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; © ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH Culture on the Couch IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING Culture on the Couch WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITE, SERVICE, CONTENT AND ADD-TO LINK IS SOLELY AT YOUR OWN RISK. SOME COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
ALL LIABILITY OF Culture on the Couch, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HOWSOEVER ARISING FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE THE SITE, SERVICE, CONTENT, USER SUBMISSIONS OR ADD-TO LINK IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, SAVE THAT, IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT LIABILITY OF Culture on the Couch, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS (AS APPLICABLE) HAS ARISEN, THE TOTAL OF SUCH LIABILITY SHALL BE LIMITED IN AGGREGATE TO ONE HUNDRED EURO’S (100 EURO’S). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Culture on the Couch, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT Culture on the Couch, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO THE SITE, SERVICE, CONTENT, USER SUBMISSIONS OR ADD-TO LINK FOR:
DEATH OR PERSONAL INJURY ARISING AS A RESULT OF OUR OR YOUR NEGLIGENCE (AS APPLICABLE); FRAUD (INCLUDING FRAUDULENT MISREPRESENTATION), THEFT OR OTHER CRIMINAL ACTIVITY; OR ANY BREACH OF ANY OBLIGATIONS IMPLIED BY SECTION 12 OF THE USA SALE OF GOODS ACT 1979 OR SECTION 2 OF THE SUPPLY OF GOODS AND SERVICES ACT 1982. Governing Law
Integration and Severability
You may contact Culture on the Couch at the following address: Sloterkade 41H, 1058 HE, Amsterdam, The Netherlands. Appfocus B.V. (holder of the tradename Culture on the Couch) is registered with the Chamber of Commerce in the Netherlands under number 68127804.