GO CULTURE TERMS OF USE

Terms of Use

Thank you for visiting goculture.org, goculture.com, and all of their subdomains and aliases (collectively, the “Website” or “Site”). This Website is owned and operated by Go Culture International, Inc. (referred to herein as “Go Culture”, “we”, “us”, “our” and “ours”). The following terms and conditions (the “Terms of Use”) form a binding agreement between you and us. Unless otherwise indicated, the terms “you”, “your” and “yours” when used in these Terms of Use means any user or visitor to the Website.

Please read these Terms of Use carefully. Your access to and use of this Website and any of the information, materials, data, demos, blogs, products, services and other materials made available on or through this Website (collectively, “Materials”) are subject to all applicable laws, rules and regulations and to the terms and conditions set forth in these Terms of Use.

By accessing or using this Website, you agree to be bound by these Terms of Use and our Privacy Policy. If you are accessing or using this Website on behalf of an entity or business, you represent and warrant that you have the authority to bind such entity or business to these Terms of Use. If you do not wish to be bound by these Terms of Use, please exit this Website and cease use of all Materials, as you are not permitted to access or use this Website or other such Materials.

The Website and Materials may not be accessed for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes, or as otherwise restricted by this Terms of Use. Go Culture’s direct competitors are prohibited from accessing or using any portion of the Website or Materials including, without limitation, downloading or accessing whitepapers, accessing free or paid accounts, signing up or participating in demos, webcasts, or accessing other Materials intended for prospects, customers, or partners of Go Culture. You are prohibited from accessing the Website or any Materials under false pretenses. You are prohibited from falsifying or concealing your identity in your use and access of the Website or of any Materials.

YOUR ACCESS TO THIS WEBSITE (OR PORTIONS THEREOF) AND USE OF ANY MATERIALS (OR PORTIONS THEREOF) IS NOT INTENDED, AND IS PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES ANY APPLICABLE LAWS, RULES, OR REGULATIONS.

Privacy Policy
All information we collect on the Services is subject to our Privacy Policy. By using this Website and any Materials, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Changes to the Terms of Use
These Terms of Use may be changed by us, in our sole discretion, from time to time with or without notice to you. Any changes or modifications to these Terms of Use will be effective upon posting on the Website. You should always review these Terms of Use prior to your access or use of the Website or Materials to ensure that you understand the current Terms of Use that apply to your access or use thereof. Your continued use of the Website or Materials following the posting of any changes or modifications will constitute your acceptance of such changes or modifications. If you cannot access these Terms of Use via the Internet, we can provide a copy of the Terms of Use then in effect by email, upon request.

Product & Services Information
All references on this Website to information, materials, products, and/or services apply to information, materials, products, and services available in the countries or jurisdictions specified only with respect to such information, materials, products, and/or services, unless otherwise stated. Nothing on this Website constitutes an offer to buy or sell our products or services in any jurisdiction. This Website is for informational purposes only.

Eligibility
The Website and any Materials are offered and available only to users who are of the legal age of consent as defined by applicable law (i.e. 18 years of age or older in the United States). This Website is not intended for use with minors (as defined by applicable law). By using the Website and Materials, you represent and warrant that you are of legal age to form a binding contract with the us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or Materials.

Ownership and Permitted Use of Materials
Unless otherwise indicated, this Website and its design, text, content, files, selection and arrangement of elements, organization, graphics, compilation, translations, digital conversion and other matters related to, and all trademarks, logos, service marks, symbols, trade dress and all Materials provided on or through this Website are protected by all applicable copyright laws, trademark laws, and/or international conventions and treaties. All Materials are the exclusive and proprietary property of Go Culture and/or its third-party licensors. ALL RIGHTS RESERVED.

The posting, display, or other provision of any Materials on this Website shall not constitute a waiver of any right or interest of Go Culture in such Materials. Except as expressly provided herein, nothing contained in these Terms of Use or the Website shall be construed as conferring by implication, estoppel or otherwise any license, interest or right in or to the Materials under any copyright, trademark, or proprietary rights of Go Culture or of any third party. Further, except as otherwise provided herein, no Materials (or portions thereof) may be used, copied, reproduced, distributed or redistributed, published or republished, downloaded, modified, displayed, posted, broadcasted, imitated, adapted, translated, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, or sold, offered for sale, licensed or sublicensed, reverse engineered, disassembled, decompiled or incorporated into compilations or used in the creation of derivative works, without our express prior written permission.

Subject to your compliance with the foregoing, permission is hereby granted to you to the extent necessary for you to lawfully: (a) access this Website and/or Materials made available on or through this Website; and (b) display, download, archive and print in hard copy portions of this Website for your personal or internal business, non-commercial, and informational use only.

Prohibited Uses
You agree not to use the Website to: (a) modify the Materials (or any portion thereof), (b) use the Website and/or the Materials in a manner that is fraudulent, libelous, defamatory, tortious, obscene, threatening, abusive, malicious, offensive, hateful, objectionable, constitutes or encourages a criminal offense, violates the rights of another (including, without limitation, any copyright, trademark, patent, trade secret, privacy, moral or publicity rights or other intellectual property or proprietary rights of others), or otherwise violates or conflicts with these Terms of Use or any applicable law; (c) impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity; (d) use the Website to interfere, disrupt or attempt to gain unauthorized access to the Materials, other Go Culture accounts, any restricted portions of the Website or any computer network or equipment; (e) use any manual or automated software, devices or other processes to “crawl” or “spider” any webpages contained in the Website (including, without limitation, the use of robots, bots, spiders, scrapers or any other means to extract any Materials or other data from the Website); (f) frame or otherwise simulate the appearance or functions of the Website (or any portion thereof); and/or (g) remove or alter any copyright, trademark and other proprietary notices and legends contained in the Materials or on the Website (and any printouts thereof).

The foregoing permission is for the sole purpose of enabling you to use the Website and enjoy the benefit of the Materials as provided on the Website in the manner permitted by these Terms of Use. We may modify the Materials from time to time and you are solely responsible for ensuring that you are using current and permitted Materials only. The foregoing permission terminates automatically if you breach any of these Terms of Use. Upon termination, you must immediately destroy any and all downloaded, archived or printed copies of the Materials and, if requested by us, certify to us in writing that you have complied with the foregoing.

Violations
Go Culture has the right, in its sole discretion, to terminate your use and access of the Website and any Materials in any and all appropriate circumstances, such as your violation of these Terms of Use.

Disclaimer of Endorsement
Any references to business or entities, products, processes, or services, or other organizations or individuals that are included on the Website by trade name, trademark or otherwise are provided solely for your information. These references are not intended to reflect the opinions of Go Culture concerning the significance, priority or importance to be given the referenced business, entity, product, service, organization or individual. Such references, including any that may relate to our Materials, are not endorsements or approvals by Go Culture, and should not be quoted or reproduced for the purpose of stating or implying endorsement or approval by Go Culture. Go Culture does not endorse or update statements on third party websites. Furthermore, Go Culture is not responsible for content provided by third party websites, including those to which you may be redirected.

User-Generated Content
You may from time to time be permitted to post content on the Website, submit emails or otherwise provide content to us in connection with your use of the Website or Materials (“User-Generated Content”). Any communication or material you post on the Website or transmit to us over the Internet is, and will be treated as non-confidential and non-proprietary and is and will be solely your responsibility. This does not include User-Generated Content collected by us or provided to us by way of our services that are governed by the Terms of Service and the Privacy Policy. Upon the transmission of any User-Generated Content to us, you expressly and hereby grant us a perpetual, worldwide, royalty-free, irrevocable, transferable, sublicensable and non-exclusive permission to reproduce, display, publish, modify, distribute, disseminate and/or otherwise use or exploit such content for any lawful purpose, without compensation, notice or obligation to you, subject to our Privacy Policy. We are not required to use or return any User-Generated Content submitted to us. You represent and warrant that you own or otherwise control all rights, including, but not limited to, copyrights, in and to any such User-Generated Content, that all moral rights in and to any such User-Generated Content have been waived, and that the use of such User-Generated Content as permitted hereunder does not and will not infringe or violate the rights of any third party. All derivative works or other developments arising from or based on User-Generated Content, if created by us, shall be our exclusive property.

The posting or transmittal of any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or violation of any law is strictly prohibited. Under no circumstances shall we be liable for any such material posted or transmitted by you by or through the Website.

We reserve the right to monitor your communications with us whether by mail, voice, fax, email or any other form of transmission for the purposes of quality control, security and other business needs.

Feedback
You may provide us with suggestions, comments or other feedback (collectively, “Feedback”) with respect to our products, services, content, this Website, or other materials. Feedback is voluntary. We are not obligated to hold it in confidence. We may use Feedback for any purpose without obligation of any kind. To the extent a license is required to make use of any intellectual property in any such Feedback, you hereby grant us an irrevocable, non-exclusive, perpetual, royalty-free license to use the Feedback in connection with Go Culture’s business, including the enhancement of our products, services, content, this Website, or other materials. 

No Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEBSITE OR THE MATERIALS, WHICH ARE PROVIDED “AS IS.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEBSITE, THE MATERIALS AND ANY WEBSITE WITH WHICH THIS WEBSITE IS LINKED. YOU ARE SOLELY RESPONSIBLE FOR PROVIDING, MAINTAINING AND ENSURING THE COMPATIBILITY OF ALL HARDWARE, SOFTWARE AND OTHER COMPUTER REQUIREMENTS NECESSARY FOR YOUR ACCESS TO AND USE OF THE WEBSITE AND THE MATERIALS. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER (A) THE INFORMATION ACCESSIBLE VIA THIS WEBSITE, OR ANY WEBSITE WITH WHICH IT IS LINKED, IS ACCURATE, RELIABLE, COMPLETE, OR CURRENT, (B) USE OF THE WEBSITE AND ACCESS TO THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, (C) THE WEBSITE AND THE MATERIALS WILL BE AVAILABLE AT ANY PARTICULAR TIME, OR (D) THE WEBSITE AND THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER WE NOR ANY THIRD-PARTY LICENSOR WILL BE LIABLE WITH RESPECT TO ANY DECISIONS MADE BY YOU OR ANY OTHER PERSON AS A RESULT OF RELIANCE ON THE WEBSITE OR ANY MATERIALS. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.

Your use of the Website and the Materials is at your sole risk. It is your responsibility to evaluate (or consider seeking professional advice on) the accuracy and completeness of all information, statements, opinions and other material on this Website or any website with which it is linked.

Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.

Exclusion of Liability
To the fullest extent permitted by applicable law, neither we nor any of our shareholders, officers, directors, representatives, employees, agents, third-party licensors, suppliers, and contractors shall be liable for any losses and/or expenses of whatever nature, howsoever arising and regardless of the legal theory of liability, including, without limitation, any direct, indirect, special, punitive, incidental or consequential damages, loss of or inability to use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages, expenses or losses and even if an exclusive remedy provided for herein fails of its essential purpose, arising out of or in connection with your access or use of, or inability to use, this Website or the Materials or any website with which this Website is linked. If you are dissatisfied with the Website or any Materials, your sole and exclusive remedy shall be to discontinue use of the Website and Materials and terminate these Terms of Use in accordance with its terms. To the maximum extent permitted by law, in no event shall Go Culture’s total liability to you for damages, losses and causes of action (whether in contract, tort (including, but not limited to, negligence or otherwise) exceed in the aggregate amount paid by you, if any, for accessing the Website or Materials.

Indemnity and Release
You agree to defend, indemnify, release and hold us harmless as well as our shareholders, officers, directors, agents, representatives, employees and third-party licensors from any and all claims, liabilities, losses, expenses or demands, including reasonable legal fees, based on, arising from, or otherwise related to: (a) your breach or violation of these Terms of Use; (b) your access or use of this Website or any of the information, materials, products or services made available on or through this Website; (c) any infringement or misappropriation by you of any intellectual property or other rights of Go Culture or any third party; or (d) any negligence or willful misconduct by you.

Modification and Discontinuation
We reserve the right at any time and from time to time to modify, edit, delete, suspend or discontinue, temporarily or permanently, this Website (or any portion thereof) and/or the information, materials, products and/or services made available on or through this Website (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Website.

Termination and Survival
These Terms of Use will remain in effect until terminated by you or us. You may terminate these Terms of Use at any time by ceasing your use and access of the Website and Materials and by destroying all materials that you have saved, printed or downloaded from the Website. Notwithstanding any of the terms and conditions contained herein, we reserve the right, without notice and at our sole discretion, to terminate your permission to use the Website, and to block or prevent future access to and use of the Website and Materials. The provisions of these Terms of Use that by their nature and content are intended to survive the expiration or termination of these Terms of Use will survive such termination or expiration.

Entire Understanding
These Terms of Use contain the entire understanding between you and us with respect to this Website and your use and access hereof and supersedes all representations, statements, inducements, understandings, arrangements and agreements, oral or written, between you and us relating thereto unless otherwise signed in writing by authorized representatives of the parties, provided should there be a conflict between these Terms of Use and any written agreement between you and Go Culture related to your use of the Website, the terms of such written agreement shall control. Should any part of these Terms of Use for any reason be declared invalid, void, or unenforceable by a court of competent jurisdiction, such determination shall not affect the validity of any remaining portions and such remaining portions shall remain and continue in full force and effect to the maximum extent permitted by law. Our failure to enforce any provision of these Terms of Use shall not operate as or be deemed a waiver by us of any other breach of any such provision or any other provision herein or of the right to enforce such provision(s).

Applicable Law & Jurisdiction
While Go Culture provides global products and services, our operations are located in Dallas, Texas, and these Terms of Use are based on United States law. Access to, or use of, this Website or any information, materials, products and/or services made available on or through this Website may be prohibited by law in certain countries or jurisdictions. You are solely responsible for ensuring compliance with any applicable laws of the country from which you are accessing this Website. We make no representation that the information contained herein is appropriate or available for use in any location.

You agree that these Terms of Use are made and partially performed in the State of Texas, and that the state courts located within Dallas County, Texas and the federal district court in the Northern District of Texas located in Dallas, Texas, without giving effect to any principles of conflicts of law, shall have exclusive jurisdiction to resolve any controversy or claim of whatever nature arising out of or relating to your access and use of this Website, and that the laws of the State of Texas shall govern such dispute or claim. You hereby consent and submit to the exercise of personal jurisdiction over you by such courts for the purposes of litigating any such action, and waive any defenses of lack of minimum contacts or forum non conveniens. Notwithstanding the foregoing, we reserve the right to bring legal proceedings in any jurisdiction where we believe that infringement of these Terms of Use may be taking place or originating.

The rights and remedies provided by these Terms of Use are cumulative and the use of any right or remedy by us shall not preclude or waive our rights to use any or all other remedies.

Contacting Us
If you have any questions regarding these Terms of Use or any other matter, you may contact us in by writing to us at

Go Culture International, Inc.
2591 Lakeside Pkwy, Suite 100
Flower Mound, TX 75022
Attn: Legal Department

or by emailing support@goculture.com. All notices pertaining to contractual or legal matters (i.e. breach of contract, termination, indemnifiable claims, etc.) must clearly be identified and marked as Legal Notices.