Terms of Use

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The Agora Culture

Terms of Use

EFFECTIVE DATE: April 15, 2014

 

“theagoraculture.com” web site and service (the “Service”) is provided by The Agora Culture LLC (“Company”). By using the Service you are acknowledging that you have read, and are agreeing to be bound by, these Terms of Use.

Please read these Terms of Use carefully before registering or using the Service. If you do not accept these Terms of Use, then you may not use the Service. These Terms of Use are subject to change by Company at any time, effective when posted on the Service. Your continued use of the Service after a change to these Terms of Use has been posted will constitute acceptance by you of such change.

Use of the Service. The Service is protected by copyright, trademark and other intellectual property rights owned or controlled by the Company.  You are hereby granted a limited, revocable, non-exclusive, worldwide, licenses to reproduce the Service on your computer hard drive solely for purposes of accessing the Service and to print limited copies of pages of the Service, solely for your personal and non-commercial purposes and subject to your agreement and compliance with these Terms of Use, all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject.  If you print any pages of the Service, you may not remove any copyright or trademark notices from those pages.

Registration. The Service is available to users 18 years and older. You may use the Service without registration, but in order to take advantage of some aspects of the Service, including purchasing works of art, you will need to register for an account. Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You are responsible for the security of your password and will be solely liable for any use or unauthorized use under such password.

Your License to Company. The Service may provide you with an opportunity to share and upload, or submit to public forums or other areas of the Service, your photos, videos, text and other information (collectively any submission or derivative thereof is referred to as “Content”). You hereby grant Company a worldwide, non-exclusive, royalty-free, perpetual license to use, modify, redact, republish, copy, sell, distribute, perform, display and distribute and create derivative works from your Content and screen name, including any intellectual property contained therein, in any medium now known or hereinafter developed without payment or compensation to you and without seeking any further approval from you as part of the Service or in support of the Service through advertising and marketing. By posting any of your Content, you are representing to Company that nothing contained within your Content requires us to seek permission of a third party in order to use the Content as described in these Terms of Use. You also agree to waive any moral rights, or right to any residual payment associated with Content if such Content is published, sold, distributed, or otherwise commercially exploited.

Acceptable Use Policy. Company expects all of its users to be respectful of other people. If you notice any violation of this Acceptable Use Policy or other unacceptable behavior by any user, you should report such activity to Company at <reportabuse@theagoraculture.com>.

You are solely responsible for the Content that you post on the Service or transmit to other users and agree that you will not hold Company responsible or liable for any Content from other users that you access on the Service.

Categories of prohibited Content below are merely examples and are not intended to be exhaustive. Company will make the sole determination as to whether or not Content is acceptable for the Service. Without limitation, you agree that you will not post or transmit to other users anything that contains Content that:

  • is defamatory, abusive, obscene, profane or offensive;
  • infringes or violates another party’s intellectual property rights (such as videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Service);
  • violates any party’s right of publicity or right of privacy;
  • is threatening, harassing or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
    • promotes or encourages violence or abuse, including self-abuse;
  • is inaccurate, false or misleading in any way;
  • is illegal or promotes any illegal activities;
  • contains personal information of any party such as phone numbers, addresses, license plate numbers etc;
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
  • contains any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.

Comment Policy

All comments and other content contributed to the Service shall adhere to the following policy, and may be edited or removed at Company’s discretion if it is deemed to be in violation of this policy.

  1. Personal Attacks: Please don’t engage in personal attacks (on authors, other users or any individual), persistent trolling or mindless abuse. Our community should focus on intelligently discussing topics by furthering the conversation and informing the participants with resourceful and constructive ideas.
  2. Hate speech: Racism, sexism and homophobia will not be tolerated.
  3. Language and Threats: Please watch your language and respect other people’s views, beliefs and emotions. We reserve the right to remove any content that might be found extremely offensive or threatening.
  4. No Spam: Spam and advertising content will be removed.
  5. Smear Tactics: Although we acknowledge criticism of our articles and our writers, we will not allow misrepresentation. We will distinguish between constructive arguments and smear tactics.
  6. Relevancy: Please keep conversations relevant. Off-topic comments are subject to removal in order to keep the thread on track.
  7. Help us: Maintain an inviting interaction space by self-policing threads and flagging spam. Although we have a hands-on approach to community engagement, we do sometimes miss problem commenters or trolls. We appreciate your efforts to keep our community environment inviting, insightful and constructive. Let the conversations be quality ones.

Company is under no obligation to screen or monitor Content, but may review Content from time to time at its sole discretion to review compliance with this Terms of Use. Company will make all determinations as to what Content is appropriate in its sole discretion. We may include, edit or remove any Content at any time without notice.

You understand that when using the Service, you will be exposed to Content from a variety of sources, and that Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable. If you object to such Content, you should not use the Service.

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Service. Further, you may not use any such automated means to manipulate the Service or attempt to exceed the limited authorization and access granted to you under these Terms of Use. You may not resell use of, or access to, the Service to any third party.

Termination of Access. In addition to any right or remedy that may be available to us under these Terms of Use or applicable law, we may suspend, limit or terminate your account, or all or a portion of your access to the Service, at any time with or without notice and with or without cause. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities.

Privacy. The privacy of your personally identifiable information is very important to us. For more information on what information we collect and how we use such information, please read our privacy policy.

Links. This Service may contain links to other web sites not maintained by us. These links may include listings that can provide you with further information, or links that have been included in materials uploaded to the Service by a party other than Company. We encourage you to be aware when you leave our Service and to read the terms and conditions and privacy statements of each and every web site that you visit. We are not responsible for the practices or the content of such other web sites or services. Despite any links that might exist on the Service, we do not endorse and are not affiliated with such third parties.

Our Proprietary Rights. Company or its licensors are the exclusive owners of all software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with the Service. Except as set forth herein, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. All rights not granted under these Terms of Use are reserved by Company.

Selling and Purchasing Art on theagoraculture.com.

Sellers may sell works of art using the Service.  All sales transactions using the Services shall be subject to the <Terms of Purchase>.

International Use

We control and operate the Service from our offices in the United States of America, and all information is processed within the United States. We do not represent that materials on the Service are appropriate or available for use in other locations. Persons who choose to access the Service from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

You agree to comply with all applicable laws, rules and regulations in connection with your use of the Service. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

No Warranties. THE SERVICE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, IS PROVIDED “AS IS” AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SERVICE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the lesser of the amount of such liability or fifty dollars ($50).

Indemnity. You agree to defend, indemnify and hold harmless Company, its officers, directors, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) any breach by you of any of these Terms of Use, (ii) your Content, (iii) your sale of any works of art using the Service, (iv) your use of materials or features available on the Service (except to the extent a claim is based upon infringement of a third party right by materials created by Company) or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

Governing Law. The laws of the [Commonwealth of Virginia] shall govern these Terms of Use. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN FAIRFAX COUNTY, VIRGINIA FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS OF USE OR YOUR ACCESS OR USE OF THE SERVICE.

Any claim asserted by you in connection with the Service must be asserted in writing to Company within one (1) year of the date such claim first arose, or such claim is forever waived by you. Each claim shall be adjudicated individually, and you agree not to combine your claim with the claim of any third party.

Digital Millennium Copyright Act (“DMCA”) Notice. Materials may be made available via the Service by third parties not within our control. We are under no obligation to, and do not, scan content used in connection with the Service for the inclusion of illegal or impermissible content.

If you believe any materials on the Service infringe a copyright, you should provide us with written notice that at a minimum contains:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to our designated agent as follows:

Designated Copyright Agent
8300 Greensboro Drive

Suite 800

McLean, Va 22102
Email: <copyright@theagroaculture.com>

It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

Severability. If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use.

Waiver; Remedies. The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Use. Our rights and remedies under these Terms of Use shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

Contact Information. Should you have any questions you may contact us at <terms@theagoraculture.com>.

General Information

Company strives for accuracy in description and pricing of the works sold on the Service. However, due to the nature of the internet, occasional glitches, service interruptions or mistakes may cause inaccuracies to appear on the Service. Company has the right to void any purchases that display an inaccurate price. If the displayed price is higher than the actual price, you may be refunded the overcharge. If the displayed price is less than the actual price, Company will void the purchase and attempt to contact you via either phone or email to inquire if you would like the item for the correct price.

These Terms of Use constitute the entire agreement between you and Company and govern your use of the Service, superseding any prior agreements between you and Company. You also may be subject to additional Terms of Use and conditions that are applicable to certain parts of the Service.

You agree that no joint venture, partnership, employment, or agency relationship exists between Company and you as a result of this Agreement or your use of the Service.

Any claim or cause of action you may have with respect to Company or the Service must be commenced within one (1) year after the claim or cause of action arose.

Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

You may not assign the Terms of Use or any of your rights or obligations under the Terms of Use without our express written consent.

The Terms of Use inure to the benefit of Company’s successors, assigns and licensees. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

You acknowledge that temporary interruptions in the availability of the Service may occur from time to time as normal events. Also, we may decide to cease making available the Service or any portion of the Service at any time and for any reason. Under no circumstances will Company or its suppliers be held liable for any damages due to such interruptions or lack of availability.

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