Culturetravelvr Services Terms of Use

(Effective as of Sep 1, 2020)

Thank you for your interest in and use of our products, services, software, and the content contained or accessible therein (the "Services"). AFICE Software Co. ("AFICE", "Culturetravelvr", "CTVR", "we", "us", or "our") provides these Services to you ("you" or "your"), subject to the terms contained in this AFICE Services Terms of Use (this "Agreement"). This Agreement is a binding legal agreement between you and AFICE. Please read the terms and conditions of this Agreement carefully before using our Services. The Services and all data, design, text, images, graphics, including all arrangements thereof, contained therein are proprietary, confidential, and are licensed to you under this Agreement, not sold to you. By accessing or otherwise using any portion of the Services, you agree to be bound by the terms of this Agreement. If you are not willing to be bound by the terms of this Agreement, you may not access or otherwise use any portion of the Services.

  1. Ability to Use the Services

    Culturetravelvr (CTVR) furnishes the Services (as defined below) for your personal enjoyment and entertainment. By using any Service (whether or not you have an account or subscription) or by clicking a box that states that you accept and agree to this Agreement, you signify your agreement to be bound by this Agreement, including any future modifications, and any Additional Terms and to abide by all applicable laws, rules and regulations ("Applicable Law"). Please read through this Agreement carefully. CTVR may modify this Agreement at any time, and each such modification will be effective upon posting on or to the Service. All material modifications will apply prospectively only. Your continued use of the Services following any modification constitutes your acceptance of and agreement to be bound by this Agreement as so modified. It is therefore important that you review this Agreement regularly. CTVR may also use third-party service providers, such as vendors, contractors, agents or sponsors, to operate, develop or help CTVR manage and provide the Services.

  2. Access

    The Services are intended solely for your personal and non-commercial use. CTVR may change, suspend or discontinue the part or all of the Services (or any feature thereof) at any time. CTVR may also impose limits on certain features and services offered on the Services or restrict your access to parts or all of the Services without notice or liability. You acknowledge that from time to time part or all of the Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which CTVR may undertake from time to time; or (iii) causes beyond the control of CTVR or which are not reasonably foreseeable by CTVR.

  3. Termination

    Unless terminated by CTVR in its sole discretion, this Agreement remains in full force and effect while you use the Services. You may terminate your account at any time, for any reason, in the following ways: (i) send a message to CTVR using the Contact Us page. (ii) send us an email with your request to delete your account to info@culturetravelvr.com.

    CTVR may terminate your account, any subscription (both free and paid) and/or access to all (or any portion of) the Services at any time, for any or no reason, with or without prior notice or any explanation, and shall have no liability to you for such termination. Furthermore, even after your account subscription and/or access to the Services is terminated by you or CTVR, this Agreement will remain in full force and effect with respect to your past and future use of the Services. If we terminate your user account, subscription and/or access to the Services (or any portion of the Services) you may not create a new account, purchase a new subscription or try to access the CTVR Services without CTVR ' prior written approval. You agree that your account is non-transferable. Any rights to your account and/or Services terminate upon your death.

  4. Fees

    You acknowledge that CTVR reserves the right to charge a fee for any portion of the Services. CTVR will provide you with advance notice of any such fees, including any change in the amount of such fees, and a way to cancel your account and/or subscription in the event you do not wish to pay the modified fee. If you continue to use the Services after the applicable fee has been imposed or increased, you are expressly agreeing to the subscription fee or increase thereto and you will be responsible for paying such fee for the balance of your subscription service. You will not be entitled to a refund of any unused portion of such fees or other payments if CTVR suspends or terminates your account, and/or access to any Service (or any portion of the Services), due to your breach of this Agreement or violation of Applicable Law, as determined by CTVR, in its sole discretion.

  5. Purchasing CTVR Products

    In connection with a purchase of any Services feature, subscription (including any premium subscription) or product, through any Service you may be required to provide personal information, including credit card and billing information (“Personal Financial Information”), to an independent third-party selected by, but not affiliated with, CTVR (the “Processor”). Where the Processor is responsible for collecting, transmitting and/or processing your Personal Financial Information and, in some instances, for fulfilling your order, the collection, use and transmission of your Personal Financial Information and any payment obligations for CTVR Products shall be governed by the terms of use/service and privacy policy(ies) of the Processor. If you make a purchase of an CTVR Product, you are warranting that you are authorized to make the purchase using the Personal Financial Information that you provide to the Processor. You must be 18 years of age or older to purchase an CTVR Product.

    If you purchase certain subscription based CTVR Products, your subscription will be automatically renewed and the credit or debit card you provided to the Processor for such CTVR Product will be charged per the billing cycle of your subscription (e.g., 3-month, 6-month, annual), unless you cancel the subscription prior to the automatic renewal date of the subscription. The renewal charge for your subscription shall be the same as the original purchase price, unless you are otherwise notified in advance. You acknowledge and agree that the authorization to charge your credit card for the subscription shall automatically transfer to any successors or assigns of CTVR or the Processor, for a substantially similar subscription.

    CTVR makes no warranty, and to the fullest extent provided by law, accepts no liability for any loss or damages whatsoever, relating to, or in connection with, your placement of an order for an CTVR Product with the Processor. CTVR provides no refunds for, makes no warranty for, and to the fullest extent provided by law, accepts no liability, regarding purchases you make on or through any Service. You are solely responsible for any and all transactions utilizing your Personal Financial Information, including, but not limited to, any and all charges. You acknowledge and agree that in the event the Processor experiences a data breach that affects any of your information, CTVR will in no way be responsible or liable to you for any such data breach.

    If you have any questions regarding your purchases or transactions or believe that there is an error or unauthorized transaction or activity associated with transactions utilizing your information, you must contact the Processor.

  6. Limited Content License

    The Services contain information, text, files, images, video, sounds, musical works, works of authorship, materials, applications, software, product names, company names, trade names, logos, designs, and any other materials or content (collectively, "Content") of CTVR, and CTVR Affiliates and their licensors and assignors ("CTVR Content"), as well as materials and Content provided by users (“User Content”) or other third-parties. CTVR Content contained in the Services is protected by copyright, trademark, patent, trade secret and other laws and, as between you and CTVR, CTVR, its licensors, or its assignors, own and retain all rights in the CTVR Content and Services. CTVR hereby grants you a limited, revocable, nonsublicensable, nontransferable license, to access and display or perform the CTVR Content (excluding any software code) solely for your personal, non-commercial use, in connection with using the Services. The Services may also contain User Content. Except as provided in this Agreement or as explicitly allowed in the Additional Terms on the applicable Service, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, frame or deep-link, make available or otherwise use any Content contained in or through the Services.

    Except as explicitly and expressly permitted by CTVR or by the limited license set forth above, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards, montages, mash-ups and similar videos, greeting cards and unlicensed merchandise) that derive from or are based on the CTVR Content. This prohibition applies regardless of whether such derivative works or materials are sold, bartered or given away. Also, you may not, either directly or through the use of any device, software, internet site, web-based service or other means, remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notice marked on the CTVR Content contained in the Services or any digital rights management mechanism, device, or other content protection, copy control, or access control measure associated with the CTVR Content, including geo-filtering mechanisms. Except as necessary in order to make reference to CTVR or Services in a purely descriptive capacity, you are expressly prohibited from using any CTVR Content in any manner.

    You may not, without the CTVR's written permission, “mirror” any CTVR Contents contained on the Services or any other server. You may not use the Services for any purpose that is unlawful or prohibited by the Agreement. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services, or interfere with any other party’s use and enjoyment of the Services. You may not attempt to gain unauthorized access to the Services through hacking, password mining or any other means. CTVR reserves the right, in its sole discretion, to terminate your access to the Services, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.

  7. Restrictions on Use of the Services

    CTVR reserves the right to remove any and all Content in its sole discretion. You understand that you are responsible for all User Content that you post, upload, transmit, email or otherwise make available on, through or in connection with the Services. Additionally, you acknowledge that you have no expectation of privacy in or confidentiality with respect to your User Content. Accordingly, please choose carefully the information that you post on, through or in connection with the Services. You understand that CTVR does not control the User Content posted by users via the Services and, as such, you understand you may be exposed to offensive, inaccurate or otherwise objectionable User Content. CTVR assumes no responsibility or liability for any User Content. If you become aware of any misuse of the Services, please report this immediately to info@culturetravelvr.com.

    CTVR assumes no responsibility for monitoring the Services for inappropriate Content or conduct. If at any time, CTVR chooses in its sole discretion to monitor the Services, CTVR nonetheless assumes no responsibility for Content other than CTVR Content, assumes no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any user or visitor.

    You agree not to use the Services to:

    • Post, upload or otherwise transmit or link to content that is: unlawful; threatening; abusive; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity; offensive; excessively violent; invasive of another's privacy, publicity, contract or other rights; tortious; false or misleading; defamatory; libelous; hateful; or discriminatory;
    • Violate the rights of others including patent, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;
    • Harass or harm another person;
    • Exploit or endanger a minor;
    • Impersonate or attempt to impersonate any person or entity;
    • Introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
    • Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising the CTVR Services;
    • Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Services, including CTVR' servers, networks or accounts;
    • Cover, remove, disable, block or obscure advertisements or other portions of the Services;
    • Delete or revise any information provided by or pertaining to any other user of the Services;
    • Use technology or any automated system such as scripts, spiders, offline readers, or bots in order to collect or disseminate usernames, passwords, email addresses or other data from the Services, or to circumvent or modify any security technology or software that is part of the Services;
    • Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the Services. If you do so, you acknowledge you will have caused substantial harm to CTVR, but that the amount of harm would be extremely difficult to measure. As a reasonable estimation of such harm, and by way of liquidated damages and not as a penalty, you agree to pay CTVR $50 for each actual or intended recipient of such communication;
    • Solicit, collect or request any personal information for commercial or unlawful purposes;
    • Post, upload or otherwise transmit an image or video of another person without that person's consent;
    • Engage in commercial activity (including, but not limited to, advertisements or solicitations of, business; sales; contests; sweepstakes; creating, recreating, distributing or advertising an index of any significant portion of the CTVR Content; or building a business using the CTVR Content) without CTVR’ prior written consent; using technology or other means to access, index, frame, or link to the CTVR Services (including the Content) that is not authorized by CTVR (including, without limitation, by removing disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of CTVR Content);
    • Accessing Services (including the Content) through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content;
    • Use the Services to advertise or promote competing services;
    • Use the Services in a manner inconsistent with any and all Applicable Law;
    • Attempt, facilitate or encourage others to do any of the foregoing.

    CTVR reserves the right, but disclaims any obligation or responsibility, to remove User Content that violates this Agreement, as determined by CTVR, or for any other reason in CTVR’ sole discretion and without notice to you. You acknowledge that CTVR reserves the right to investigate and take appropriate legal action against anyone who, in CTVR' sole discretion, violates this Agreement, including but not limited to, terminating their account and/or subscription and/or reporting such User Content, conduct, or activity to law enforcement authorities.

    You acknowledge, consent and agree that CTVR may access, preserve or disclose information you provide to or through the Services or that we have collected about you, including registration information and User Content, when CTVR has a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect, enforce, or defend the legal rights, privacy, safety, or property of CTVR, our parents, subsidiaries or affiliates (“CTVR Affiliates”), or their employees, agents and contractors (including enforcement of this Agreement or our other agreements); (ii) protect the safety, privacy, and security of users of the Services or members of the public, including in urgent circumstances; (iii) protect against fraud or for risk management purposes; (iv) comply with Applicable Law or legal process; or (v) respond to requests from public and government authorities. If CTVR sells all or part of its business or makes a sale or transfer of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, CTVR may transfer your information to the party or parties involved in the transaction as part of that transaction.

    CTVR reserves the right to limit the storage capacity of User Content. You assume full responsibility for maintaining backup copies of your User Content, and CTVR assumes no responsibility for any loss of your User Content due to it being removed by CTVR or for any other reason.

  8. User Content on Message Boards and Forums

    CTVR may offer users the ability to post messages on message boards, stories, photos and/or forums (collectively, "Forums"), which may be open to the public generally, to all members of Services or to a select group of Service members. You acknowledge that all User Content posted by you on Forums is User Content, and by posting on Forums you agree to comply with the rules and restrictions on User Content set forth above and any other rules specifically applicable to such Forums. CTVR reserves the right, but disclaims any obligation or responsibility, to prevent you from posting User Content to any Forum and to restrict or remove your User Content from a Forum or refuse to include your User Content in a Forum for any reason at any time, in CTVR' sole discretion and without notice to you. We ask you not to disclose any sensitive information (e.g., social security numbers, health or criminal background) on or through the Services, including the Forums or otherwise.

  9. Third-Party Links and Services

    The Services may provide, or third-parties may provide, links to other websites, apps, resources or other services created by third parties (collectively, "Third-Party Services"). When you engage with a Third-Party Service, you are interacting with the third-party, not with CTVR. If you choose to use a Third-Party Service and share information with it, the Third-Party Services may use and share your information in accordance with the Third-Party Service's privacy policy and your privacy settings on such Third-Party Service. In addition, the third-party providing the Third-Party Service may use other parties to provide portions of the apps or service to you, such as technology, development or payment services. CTVR is not responsible for and makes no warranties, express or implied, as to the Third-Party Services or the providers of such Third-Party Services (including, but not limited to, the accuracy or completeness of the information provided by such Third-Party Service or the privacy practices thereof). Inclusion of any Third-Party Service or a link thereto on the Services does not imply approval or endorsement of the Third-Party Service. CTVR is not responsible for the content or practices of any websites other than the Services that link to this Agreement, even if the website links to the NG Service and even if it is operated by a NG Affiliate or a company otherwise connected with CTVR. By using the Services, you acknowledge and agree that CTVR is not responsible or liable to you for any content or other materials hosted and served from any website, mobile site or app other than Services. When you access Third-Party Services, you do so at your own risk. CTVR encourages you not to provide any personally identifiable information to or through any Third-Party Service unless you know and are comfortable with the party with whom you are interacting. If you are interested in creating hypertext links to any Service, you must contact and obtain consent from the applicable Service by sending an email to info@culturetravelvr.com. In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of CTVR, including its respective employees, agents, directors, officers or shareholders.

  10. Sweepstakes and/or Contests

    Sweepstakes, contests, games and other promotions run on the Services by CTVR may require you to provide some information such as full name, zip code, e-mail address, and phone number, in order to participate. CTVR may use a reputable third-party, selected by, but not affiliated with CTVR, to manage and administer some or all of its sweepstakes, contests, games and other promotions. This third-party may have access to some or all of the information that you provided in order to participate in the sweepstakes, contests, games or other promotion. Our sweepstakes and/or contests are targeted to individuals 18 years of age and older, and individuals under 18 years of age are not eligible to participate unless specifically permitted by the official rules of the related sweepstakes or contest. CTVR requires proof of age in order for an individual to collect any prizes awarded.

  11. Member Disputes

    You are solely responsible for your interactions with other CTVR users and visitors, providers of Third-Party Services, Processors or any other parties with whom you interact on, through or in connection with the Services. CTVR reserves the right, but has no obligation, to become involved in any way with these disputes.

  12. Indemnity

    You agree to indemnify and hold CTVR, its CTVR Affiliates, and CTVR subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys' fees, made by any third-party due to or arising out of or in connection with your use of the Services, your breach of this Agreement, your violation of any rights of another or any User Content that you post or otherwise submit on, through or in connection with the Services.

  13. Employment Opportunities

    CTVR may, from time to time, post CTVR employment opportunities on the Services and/or invite users to submit resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to CTVR in response to employment listings, you are authorizing CTVR to utilize this information for all lawful and legitimate hiring and employment purposes. CTVR also reserves the right, at its sole discretion, to forward the information you submit, to its CTVR Affiliates for legitimate business purposes. Nothing in this Agreement or contained in the Services will constitute a promise by CTVR to contact, interview, hire or employ any individual who submits information to it, nor will anything in this Agreement or contained in the Services constitute a promise that CTVR will review any or all of the information submitted to it by users of the Services.

  14. Other

    The failure of CTVR to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The Section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. Except as otherwise expressly provided herein, if any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

    You agree that any notices the CTVR may be required by Applicable Law to send to you will be effective upon CTVR' sending an e-mail message to the e-mail address you have on file with CTVR or publishing such notices on the informational page(s) of Services.

    You agree that no joint venture, partnership, employment, or agency relationship exists between you and CTVR as a result of this Agreement or your use of the Services. A printed version of this Agreement and of any notice related to it shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other business documents and records originally generated and maintained in printed form.

    Nothing contained in this Agreement limits CTVR's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by us in connection with such use.

    If you would like to contact any Service with any questions regarding this Agreement, please contact us at info@culturetravelvr.com.

    I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

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