Applicable for The Cultivist Inc. in the USA and Cultivist Ltd. for the Rest of the World.
The Cultivist, Inc. Terms Of Use
The Cultivist, Inc. (“The Cultivist,” “we,” “us,” or “our”) welcomes you. We invite you to access and use our online services (the “Services”), which are made available to you through a variety of platforms, including http://www.thecultivist.com (the “Website”) and through our mobile app, which is accessible through tablets, smart phones, connected televisions, and other devices (the “App”). The Website and the App are collectively referred to as the “Platform.”
We provide Administrators, Visitors, Members, and Ticketholders with access to the Services as described below subject to the following Terms of Use, which may be updated by us at any time without notice to you. By signing up, accessing, and/or using the Platform, each Member (as defined below) is agreeing to the terms of our Privacy Policy and the accompanying Member Agreement.
BY BROWSING THE PUBLIC AREAS OR BY ACCESSING AND USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY, WHICH IS HEREBY INCORPORATED BY REFERENCE (COLLECTIVELY, THIS “AGREEMENT”). IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER. You have the obligation to review these T&Cs from time to time when you access or re-access the Platform. Your continued use of our Services, following a change to these T&Cs, shall be deemed acceptance of the changes.
Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.
1. DESCRIPTION AND USE OF SERVICES
We provide Administrators, Visitors, Members, and Ticketholders with access to the Services as described below.
Administrators. Administrators are employees and/or agents of Museums who register to use the Platform and who access and use the Platform on the terms and conditions of this Agreement. Upon registration, Administrators can: (i) create, access, manage, and update their accounts; (ii) publish and manage their Museum Content; and (iii) encourage new patrons to their Museum.
Visitors. Visitors are people who do not register with us but want to explore the Website. No login is required for Visitors. Visitors can: (i) view all publicly-available content on the Website; (ii) e-mail us; and (iii) and sign up for alerts and other notifications.
Members. Membership in The Cultivist is by application only. For Members who have been granted membership status, registration and login is required to access and use the Platform. There are two types of Members – Club Members and Enthusiast Members.
Enthusiast Members can do all the things that Visitors can do, plus: (i) enjoy access to over sixty (60) Museums throughout the world for free; (ii) attend Enthusiast level events, (iii) participate in online educational classes and events; (iv) access and use the Platform, including access to exclusive content available only to Members; (v) access and update their own personal account on the Platform; (vi) post comments and other content on the Platform (collectively, “Member Content”); and (vii) become part of The Cultivist community. To avoid excessive usage, Enthusiast members start each membership term with a credit allocation from which credit is deducted as museum tickets & event benefits are redeemed via the app. You will be notified as you reach your limit and you may top your balance up at any time. Your balance will auto renew with your membership renewal.
Club Members can do all the things that Enthusiast Members Visitors can do, plus: (i) attend exclusive Club level events; (ii) sign up for international art trips and experiences.
For the full list of the benefits that we provide for each type of membership, please see our Membership Benefits pages.
Ticketholders. Ticketholders are non-Members who have signed up for, or purchased, an experience created or executed by The Cultivist for a partner. No login is required for Ticketholders. Ticketholders can: (i) view all publicly-available content on the Website; (ii) e-mail us; (iii) sign up for alerts and other notifications; and (iv) communicate with our team regarding the arrangements for their experience. Experiences can range from a private event at a museum, tickets or a tour of an exhibition, or an international trip with a group of other Ticketholders. These experiences may be for Members in addition to Ticketholders. Experiences may come with their own sets of Terms and Conditions which will be outlined at the time of purchase/reservation.
The Cultivist is under no obligation to accept any individual as a Member, Ticketholder or Administrator, and may accept or reject any registration in its sole and complete discretion. In addition, The Cultivist may deactivate any account at any time, including, without limitation, if it determines that a Member, Ticketholder or Administrator has violated these Terms of Use.
2. COMMUNITY GUIDELINES
The Cultivist’s community, like any community, functions best when its users follow a few simple rules. By accessing and/or using the Platform, you agree to comply with the following community guidelines (the “Community Guidelines”):
• You will comply with all applicable laws in your use of the Platform and will not use the Platform for any unlawful purpose;
• You will not upload, post, e-mail, transmit, or otherwise make available any content that:
o infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
o is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity); or
o discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, social security number, or any similar information.
• You will not stalk, threaten, or otherwise harass another person or the Museum -, harassment consists of unwelcome conduct which degrades or shows hostility toward an individual because of sex, race, color, religion, national origin, marital status, sexual orientation, age, or disability and/or any other protected category under law;
• You will not access or use the Platform to collect any market research for a competing business;
• You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
• You will not interfere with or attempt to interrupt the proper operation of the Platform through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Platform through hacking, password or data mining, or any other means;
• You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Platform;
• You will not use any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the Platform for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials;
• You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and
• You will let us know about inappropriate content of which you become aware. If you find something that violates our Community Guidelines, please let us know, and we’ll review it.
• As to Administrators, you (1) will not spam or use the Platform to engage in any commercial activities, other than advertising and promoting their Museum (“Museum Content”), or (2) post any Museum Content not related to the topic under discussion.
We reserve the right, in our sole and absolute discretion, to deny access to the Platform, or any portion of the Platform, without notice, and to remove any content that does not adhere to Community Guidelines or the law.
3. RESTRICTIONS
The Platform is only available for individuals aged 13 years or older. If you are 13 or older, but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.
4. SIGN-IN NAME; PASSWORD; UNIQUE IDENTIFIERS
During the registration process for Administrators and Members, you will create an account, which includes a sign-in name (“Sign-In Name”), a password (“Password”), and perhaps certain additional information to assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one user. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Platform using one or more of them. You will promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason and shall have no liability to you for any loss or damage caused by such action. The Cultivist will not be liable for any loss or damage caused by any unauthorized use of your account.
5. DOWNLOADING THE APP AND THE APP STORE
The Website is also a progressive web application which can be saved to and accessed from the home screen of many mobile devices.
All Terms of Use applicable to the Website shall be applied to the App as well.
The following terms apply when Administrators download the App from Apple’s App Store. These terms are in addition to all other terms contained in this Agreement.
• You acknowledge and agree that (i) this Agreement is concluded between you and The Cultivist only, and not Apple; and (ii) The Cultivist, not Apple, is solely responsible for the App and content thereof. Your use of the App must comply with the App Store Terms of Service.
• You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
• In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. As between The Cultivist and Apple, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of The Cultivist.
• You acknowledge that, as between The Cultivist and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
• You acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, as between The Cultivist and Apple, The Cultivist, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
• You represent and warrant that: (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.
• You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as related to your license of the App, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App against you as a third-party beneficiary thereof.
• Without limiting any other terms of this Agreement, you must comply with all applicable third-party terms of agreement when using the App.
6. INTELLECTUAL PROPERTY
The Platform contains material, such as photographs, videos, software, text, graphics, images, sound recordings, and other material provided by or on behalf of The Cultivist (collectively referred to as the “Content”). The Content may be owned by us, Museums, or other third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content (other than your own Museum Content if you are an Administrator), and you will not use the Content except as permitted under this Agreement and the functionality of the Platform. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access and/or use the Content and the Platform automatically terminates and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of The Cultivist (“The Cultivist Trademarks”) used and displayed on the Platform are registered and unregistered trademarks or service marks of The Cultivist. Other company, product, and service names located on the Platform may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with The Cultivist Trademarks, the “Trademarks”). Nothing on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of The Cultivist Trademarks inures to our benefit.
Elements of the Platform are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
7. MUSEUM CONTENT; LICENSES
As noted above, the Platform provides Administrators the ability to post and upload Museum Content. You expressly acknowledge and agree that once you submit your Museum Content for inclusion into the Platform, it will be accessible by others, and that there is no confidentiality or privacy with respect to such Museum Content, including, without limitation, any personally identifying information that you may make available. YOU, AND NOT THE CULTIVIST, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR MUSEUM CONTENT THAT YOU UPLOAD, POST, E-MAIL, OR OTHERWISE TRANSMIT VIA THE PLATFORM AND YOU WILL INDEMNIFY US IN RESPECT OF ANY LOSS, LIABILITY, CLAIM, OR DAMAGE SUFFERED OR INCURRED BY US IN CONNECTION WITH YOUR MUSEUM CONTENT.
You retain all copyrights and other intellectual property rights in and to your own Museum Content. You do, however, hereby grant us and our sublicensees a non-exclusive, royalty-free, freely sublicensable license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) your Museum Content and all intellectual property and moral rights therein via the Platform throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised. You also grant us and our sublicensees the right, but not the obligation, to use your Museum Content, your Sign-In Name, name, likeness, and photograph in connection with any use of the related Museum Content permitted by the previous sentence and/or to advertise and promote the Services, the Platform, and/or The Cultivist. Without limiting the foregoing, you acknowledge and agree that uses of your Museum Content, name, likeness, and photograph permitted by the foregoing rights and licenses may include the display of such Museum Content, name, likeness, and photograph adjacent to advertising and other material or content, including for profit. The licenses granted in this Section shall commence upon your registration to the Platform and shall terminate when your Museum no longer has a business relationship with The Cultivist.
If you submit Museum Content to us, each such submission constitutes a representation and warranty to The Cultivist that such Museum Content is your original creation (or that you otherwise have the right to provide the Museum Content), that you have the rights necessary to grant the license to the Museum Content under the prior paragraph and that it and its use by The Cultivist and its content partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates our Community Guidelines.
For the avoidance of doubt, any content uploaded or submitted to the Platform by Members will be subject to the license set forth in the Member Agreement.
8. COMMUNICATIONS WITH US
You should not e-mail us any content that contains confidential information. With respect to all e-mails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.
9. BOOKING TICKETS, TOUR GUIDES & TRIPS: TERMS & CONDITIONS.
By proceeding with a ticket, tour or trip purchase on our website or mobile app, you are ackno