Terms and Conditions

By accessing this website and any pages thereof, you agree to be bound by the Terms and Conditions (“Terms”) below. If you do not agree to the Terms and Conditions below, do not use this website, or any pages thereof. If you have any questions about these Terms, please contact Culture Crux (“Culture Crux,” “the magazine,” “we,” “our” or “us” at [email protected])

General Use Restrictions

Culture Crux or third parties granting rights to Culture Crux, holds all right, title and interest in and to the information and content on this website (the “Website”). These materials, including, but not limited to, (i) the company names, trade names, logos and designs (“Trademarks”) owned by Culture Crux. (including Culture Crux); (ii) other trademarks appearing on the Website; and (iii) text, photographs, artwork, and artwork reproductions, audio and video content, are protected by copyright, trademark and other intellectual property laws.

Just as we require users to respect our copyrights and trademarks, we respect copyrights and trademarks of others. You may use such information and content and display and print out pages from this Website solely for your personal, non-commercial use, provided that any print-outs retain all copyright, trademark and other proprietary notes.

Except as expressly authorized herein, you have no right to copy, download, display, perform, reproduce, distribute, modify, edit, alter or enhance any of the information or content on this Website in any manner. You are expressly prohibited from using or misusing any Trademarks, except as provided in these Terms, and nothing otherwise stated or implied on the Website confers on you any license or right to do so.

Unauthorized use of this Website or misuse of any information or content posted on this Website is strictly prohibited. Unauthorized use of any Trademarks, including reproduction, imitation, dilution or confusing or misleading uses, is prohibited under the trademark laws of the United States and other countries. The limited permission granted by these Terms and Conditions terminates automatically, without notice to you, if you breach any of these Terms.

Without limiting the foregoing, the use of the information and content on this Website on any other website or in a networked computer environment for any purpose, or any other republication or redistribution of any such information and content, including, without limitation, framing this Website, or any of its pages, within another website, is prohibited without our express written prior permission.

Comments

Culture Crux reserves the right at any time, without notice, and in our sole discretion to (i) edit any comments you provide to the Website in response to a blog posting (“Comments”); (ii) not include any such Comment on the Website; (iii) remove some or all of any such Comment from our servers, from the Website and from any other form or media: and (iv) terminate your ability to post Comments to the Website.

Your Comments may not include any material that (a) defames, threatens, harasses, abuses or slanders any person; (b) invades or infringes any person’s rights of privacy or publicity; (c) violates copyrights or other intellectual property rights or that is otherwise unlawful; (d) is sexually explicit or obscene; (e) constitutes advertisements; or (f) solicits business.

When you provide a Comment to the Website, you agree to accept sole responsibility for, and assume all liability (including for claims and infringement, libel and slander) associated with, such Comment, including the information, statements, facts and material contained therein.

By providing a Comment to the Website, you grant us a world-wise, royalty free, perpetual, irrevocable, non-exclusive and freely sublicenseable right and license to use, reproduce, publish, translate, create derivative works from, distribute, and display your Comment anywhere, for any purpose, whether commercial or non-commercial, and in any form, media or technology now known or later developed.

Submissions

Culture Crux permits the submission of communications, including images, comments, and text (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions.  You agree that if you submit a User Submission to the Site that you shall be solely responsible for your own User Submission and the consequences of posting or publishing such. In connection with User Submissions, you affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms of Use.

You retain all of your copyright rights in your User Submissions, except as set forth herein. By submitting User Submissions to Culture Crux, you (1) hereby grant Culture Crux a worldwide, non-exclusive, royalty-free, sub-licenseable, assignable and transferable license to display, perform, use, reproduce, distribute, publish, create derivative works of, perform, edit and disseminate by all media, whether now known or hereafter devised, create derivative works based thereon, and/or insert the User Submissions in connection with Culture Crux’s (and our subsidiaries’, derivatives’, or successor’s) business (what this means in short: you continue to own the work, and are legally responsible for it any and all copyright and consent issues, and Culture Crux has the right to feature that submission on our site and in any Culture Crux-branded derivative work in perpetuity); (2) grant each user of the Site a non-exclusive license to access your User Submissions through the Site, and to use, reproduce, distribute, publish, prepare derivative works of, display, and perform such User Submissions as permitted through the functionality of the Site and under these Terms of Use; (3) you are not entitled to any compensation for any User Submissions for any reason, unless expressly agreed to by the written consent of all parties; (4) we do not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions.

We will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. We reserve the right, at our sole discretion, to remove Content and User Submissions without prior notice.

If you send us a picture or other submission, you are agreeing that you own whatever you sent us, and have the right to distribute and otherwise use it. In sending it to Culture Crux, you are giving us the right to feature it on our site and in any Culture Crux branded derivative work (eg: print publications or videos) in “perpetuity,” or “for as long as we’d like to.” Payment for any submission must be agreed upon in writing by both you and Culture Crux. Culture Crux also reserves the right to take down submissions at any point.

Image and Video Terms of Use

Culture Crux often displays images, audio, and video (the “Material”). The types of Material editors are authorized to use on Culture Crux include Material commissioned by Culture Crux, embedded material, or material we believe to be covered by the Fair Use Doctrine, taking into account factors such as: (1) the purpose and character of the use (i.e. transformation from the original, use for criticism, satire or parody; (2) the nature of the copyrighted work (i.e. factual or newsworthy versus creative works); (3) the effect on the potential market for the copyrighted work (for example, use that is not substitutive for the original, or would never be licensed in any event), material from photographic archive and video vendors, Material supplied to our editors or released into the public domain by public relations and marketing companies for press purposes, reader-submitted Material, with the implied representation that the person submitting the material owns the copyright in the material and the right to give it to us for use on Culture Crux (see above under “User submissions”).

E-mail

If you send us an e-mail, please be advised that the Internet is not a secure method of transmitting information. We shall have no liability for any loss or damage that results from interception and/or unauthorized use by third parties of any information you send by e-mail. For information regarding our use of your E-mail address, please review our Privacy Policy.

Third-Party Interaction and Links to Third-Party Websites

Opinions and other statements expressed by contributors are theirs alone and not opinions of Culture Crux. Content created by any contributor is the sole responsibility of the contributor and its accuracy and completeness are not guaranteed by Culture Crux.

As a convenience for you, this Website may contain links to third-party websites that are not under our control or third parties may link to this Website. Links to or from a third-party website, whether provided by us or not, do not imply any affiliation between us and the website owner, or an endorsement, approval, or verification by us of any information or content available on such third-party websites. We do not periodically review these third-party websites and you agree that we are not responsible or liable for the accuracy or completeness of the content on any such third-party websites. These third-party websites may have a privacy policy different from ours and such third-party websites may provide less security that this Website. By providing access to other websites we are not recommending the purchase or sale of products or services provided by the sponsoring organization of any linked website.

Availability

Not all of the products described on this Website are available worldwide and we do not make any representation or warranty that you will be able to obtain the products described herein in your jurisdiction.

Severability

If any provision or portion of these Terms is held in whole or in part to be unenforceable, the remainder of that provision and the Terms will be severable and will remain in effect to the extent consistent with the intent of the Terms.

DISCLAIMER OF WARRANTIES

THIS WEBSITE AND ANY INFORMATION OR CONTENT CONTAINED IN THIS WEBSITE ARE PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS, WITHOUT ANY WARRANTY. WE, FOR OURSELVES AND ANY THIRD PARTY PROVIDING INFORMATION, SERVICES, OR CONTENT TO THIS WEBSITE, MAKE NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THIS WEBSITE INCLUDING, BUT NOT LIMITED TO, THE QUALITY, SUITABILITY, THRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION, PRODUCT, SERVICE OR CONTENT CONTAINED ON THIS WEBSITE AND WE EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND CONTENT. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED. CONTRIBUTORS, AND NOT CULTURE CRUX, ARE SOLELY RESPONSIBLE FOR THE CONTENT THEY CONTRIBUTE TO THE WEBSITE.

WE MAKE NO WARRANTY THAT (i) THE OPERATION OF THIS WEBSITE WILL MEET YOUR OR ANY OTHER USER’S REQUIREMENTS; (ii) ACCESS TO THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR FREE OF ERRORS; OR (iii) DEFEECTS WILL BE CORRECTED. YOU (AND NOT US) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS, OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF VISITING THIS WEBSITE.

TO THE EXTENT THAT THE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, ALL CONTENT ACCESSIBLE ON THIS WEBSITE, OR ANY OTHER WEBSITE TO WHICH WE LINK, AND ALL OPERATIONS ON THIS WEBSITE ARE WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED.

NO LIABILITY

IN USING THIS WEBSITE, YOU SPECIFICALLY AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSSES OR EXPENSES ARISING FROM OR CONNECTED WITH THIS WEBSITE OR ANY LINKED WEBSITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF WE, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.

Indemnification

You agree to indemnify, hold harmless and, at our option, defend Culture Crux and our officers, directors, employees, agents and representatives from any and all third-party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys’ fees and expenses) arising from your improper use of this Website or our products or offerings, your violation of these Terms, your infringement of any intellectual property or other right of any person or entity, or any Comment you provided to the Website.

DMCA Notice

The Digital Millennium Copyright Act (“DMCA”) provides a mechanism for notifying service providers of claims of unauthorized se of copyrighted materials. Under the DMCA, a claim must be sent to the service provider’s Designated Agent. If you believe in good faith that your copyrighted work has been reproduced on our Website without authorization in a way that constitutes copyright infringement, please notify the Website’s Designated Agent:

DMCA Agent
Culture Crux
c/o Black Chevron Design, Inc.
P.O. Box 20557
New York, NY 10009
[email protected]

Please be aware that, in order to be effective, your notice of claim must comply with the detailed requirements set forth in the DMCA. You are encouraged to review them (see 17 U.S.C. Sec. 512(3)) before sending your claim.

Please do not send any other notices or communications to the Designated Agent, who is appointed solely for the purpose of receiving notices of copyright claims under the DMCA.

Thank you.

Terms of Use Revisions

We may modify these Terms or the information or content on this Website without notice at any time, and such modifications shall be effective immediately upon posting of the modified Terms, information or content on this Website. You agree to review these terms periodically to be aware of such modifications and your continued access or use of this Website shall be deemed your conclusive acceptance of the modified Terms.

Privacy

These Terms include our Privacy Policy. Please click here for our Privacy Policy.

Governing Law and Choice of Forum

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of New York, without giving effect to its principles or rules of conflicts of laws to the extent such principles or rules are not mandatorily applicable by statute and would require or permit the application of the laws of another jurisdiction. You agree that any action at law or in equity arising out of or relating to your use of this Website or these Terms shall be filed only in the federal court located in the Southern District of New York and you hereby consent and submit to the personal jurisdiction of such courts fro the purpose of litigating any such action.