Terms of Service
web sites are owned and operated by Amesbury Web LLC DBA Cultivatr (“Cultivatr
) and procedures that may be published from time to time on these sites by Cultivatr (collectively, the “Agreement”).
The following terms and conditions govern all use of the cultivatr.com and cultivatrapp.com web sites and all content, services and products available at or through these web sites, including, but not limited to, the Cultivatr service, (taken together, the Service).
Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the Service, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access these web sites or use any of their services. If these terms and conditions are considered an offer by Cultivatr, acceptance is expressly limited to these terms. The Service is available only to individuals who are at least 18 years old.
- Your Cultivatr Account and Service. If you create an account on the Service, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Service. Cultivatr will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you make (or allow any third party to make) material available on these web sites or on another web site by means of the Service (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- the Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- if the Content is made available on another web site by means of the Service, it does not violate the terms and conditions of that other web site; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Cultivatr or otherwise.
By submitting Content to Cultivatr, you grant Cultivatr a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Content. If you delete Content from within the Service, Cultivatr will use reasonable efforts to remove it from the Service, but you acknowledge that caching or references to the Content may not be made immediately unavailable. If you delete within Cultivatr material available on another web site by means of the Service, Cultivatr will make no attempt to remove it from the other web site.
Without limiting any of those representations or warranties, Cultivatr has the right (though not the obligation) to, in Cultivatr’s sole discretion (i) refuse or remove any content that, in Cultivatr’s reasonable opinion, violates any Cultivatr policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason, in Cultivatr’s sole discretion. Cultivatr will have no obligation to provide a refund of any amounts previously paid.
- Payment and Renewal.
- General Terms.
Paid services are available on the Service (any such services, a “Paid Service”). By selecting a Paid Service you agree to pay Cultivatr the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up or the day following any free trial for a Paid Service and will cover the use of that service for a monthly or annual subscription period as indicated. Paid Service fees are not refundable.
- Automatic Renewal.
Unless you notify Cultivatr before the end of the applicable subscription period that you want to cancel a Paid Service, your Paid Service subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Paid Service (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Paid Services can be canceled at any time in the Billing section of your account.
- Responsibility of Web Site Visitors. Cultivatr has not reviewed, and cannot review, all of the material, including computer software, posted to the web sites, and cannot therefore be responsible for that material’s content, use or effects. By operating these web sites, Cultivatr does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Service may make available content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Service may also make available material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Cultivatr disclaims any responsibility for any harm resulting from the use by visitors of the Service, or from any downloading by those visitors of content there posted.
- Content Posted on Other Web Sites. We have not reviewed, and cannot review, all of the material, including computer software, made available or linked to in material made available through the Service and that link to these web sites. Cultivatr does not have any control over those non-Cultivatr web sites and web pages, and is not responsible for their contents or their use. By linking to a non-Cultivatr web site or web page, Cultivatr does not represent or imply that it endorses such web site or web page. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Cultivatr disclaims any responsibility for any harm resulting from your use of non-Cultivatr web sites and web pages.
- Intellectual Property. This Agreement does not transfer from Cultivatr to you any Cultivatr or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Cultivatr. All trademarks, service marks, graphics and logos used in connection with Cultivatr or the Service are trademarks or registered trademarks of Cultivatr or Cultivatr’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any Cultivatr or third-party trademarks.
- Changes. Cultivatr reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. Cultivatr may also, in the future, offer new services and/or features through these web sites (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. Cultivatr may terminate your access to all or any part of the Service or these web sites at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Cultivatr account, you may cancel your account at any time in the Billing section of your account and discontinue using the Service. Cultivatr can terminate the Service or these web sites immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Service is provided “as is”. Cultivatr and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Cultivatr nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Service at your own discretion and risk.
- Limitation of Liability. In no event will Cultivatr, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Cultivatr under this agreement during the twelve (12) month period prior to the cause of action. Cultivatr shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Cultivatr, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Cultivatr and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Cultivatr, or by the posting by Cultivatr of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Service will be governed by the laws of the state of Texas, U.S.A., and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Dallas County, Texas. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Cultivatr may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
We are grateful to Automattic Inc. for releasing their terms of service under a Creative Commons license. The Cultivatr Terms & Conditions is a derivative work of their terms of service and, as such, is also released under the same Creative Commons License.