Terms & Conditions
Acceptance of the Terms & Conditions
Changes to the Terms and Conditions
Accessing the Platform and Account Security
We reserve the right to withdraw or amend the XpandCulture Platform or any aspect of the Platform, and any service or material provided through the Platform, in our sole discretion and without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.
You are responsible for making all arrangements necessary for you to have access to the Platform.
To access the Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. Whenever you submit information to the XpandCulture Platform, you do so voluntarily. You are not required to provide any information to the XpandCulture Platform but choosing not to provide information may interfere with your ability to use the XpandCulture Platform or render the XpandCulture Platform unavailable to you. All the information you provide on the Platform must be correct, current and complete. XpandCulture shall not be responsible for any difficulty or loss of services you may experience due to incorrect, outdated, or incomplete information that you provide.
If you choose, or you are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You agree to immediately notify Company of any unauthorized use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Platform Product Support and Changes to the Platform
XpandCulture welcomes feedback and may voluntarily provide technical support for the Platform and the services available on the Platform. XpandCulture is under no obligation to provide technical support under the terms of this license and provides no assurance that any specific errors or discrepancies in the Platform will be corrected.
Intellectual Property Rights
The Platform and its entire contents, features and functionality (including but not limited to the App, the Website, and all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by US, EU and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. However, XpandCulture does NOT claim ANY ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, “Content”) that you post on or through XpandCulture.
You are permitted to use the App for your individual, personal, non-commercial use only.
If you wish to make any use of XpandCulture material other than that set out in this section, please address your request in writing to: info@XpandCulture.com.
The Company name, the XpandCulture logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of XpandCulture. All other names, brands and marks are used for identification purposes only and are the trademarks or other marks of their respective owners.
In any way that violates any applicable federal, state, local and international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
To impersonate or attempt to impersonate the Company or a Company employee, another user, or person or entity (including, without limitation, the use of e-mail addresses or screen names associated with any of the foregoing);
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm the Company or users of XpandCulture or expose them to liability;
Additionally, you agree not to use the Platform in any manner that could disable, overburden, damage, or impair the service or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform.
Use any robot, spider or other automatic device, process, or means to access the Platform for any purpose, including to monitor or copy any of the material available on or through the Platform;
Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent;
Use any device, software or routine that interferes with the proper working of the App;
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Platform, the server on which XpandCulture is stored, or any server, computer or database connected to the Platform;
Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack; or
Otherwise attempt to interfere with the proper working of the Platform.
The App may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow you to post, submit, publish, display or transmit to other users (hereinafter, “post”) Content (collectively, “User Contributions”) on or through XpandCulture.
All User Contributions must comply with the standards and conditions governing Content set out in these Terms.
You represent and warrant that you own or control all rights in and to the User Contributions. By using the Platform and making any User Contributions, you thereby grant the Company and its affiliates an irrevocable, worldwide, royalty-free, fully paid-up, perpetual license to the Company and its affiliates to display, analyze, copy, publish, or otherwise use the Content in such User Contributions in any legal manner the Company may deem necessary or appropriate. You represent and warrant that you have the right to grant the Company and its affiliates the license granted above.
You understand and acknowledge that you are responsible for any User Contributions and the Content you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness
Any content and/or opinions uploaded, expressed or submitted to the Platform, and all articles and responses to questions and other Content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity submitting them and do not necessarily reflect the opinion of the Company. We are not responsible or liable to any third party for the content or accuracy of any materials posted by you or any other user of the Platform.
Monitoring and Enforcement; Termination
We have the right to:
Remove or refuse to post any User Contribution (including any Content therein) for any or no reason in our sole discretion;
Disclose your identity to any third party who claims that any Content posted by you violates their rights, including their intellectual property rights or their right to privacy;
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform;
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Platform. YOU HEREBY WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER LAW ENFORCEMENT AUTHORITIES OR THE COMPANY IN CONNECTION WITH ANY PENDING OR ACTIVE INVESTIGATION, OR AS OTHERWISE PERMITTED OR REQUIRED BY LAW.
We reserve the right to, but shall not have the obligation to, remove any Content in full or in part in our absolute and sole discretion without notice to you; however, we do not undertake to review all material before it is posted on XpandCulture and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding Content or User Contributions, including but not limited to any transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph. In the event that you believe any Content or User Contribution is objectionable, you may contact us at info@XpandCulture.com.
These content standards apply to any and all User Contributions and Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing:
User Contributions must not contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
Infringe on any patent, trademark, trade secret, copyright or other intellectual property rights of any other person;
Be reasonably likely to deceive any person;
Promote any illegal activity, or advocate, encourage, promote, facilitate, or assist any unlawful act;
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
Be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization;
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or
Give the impression that the Content or User contribution emanates from us or any other person or entity, if this is not the case.
If you believe that any User Contribution or Content violates your copyright, please contact us with a detailed explanation of the alleged infringement at: info@XpandCulture.com. It is the policy of the Company to terminate the user accounts of repeat infringers.
Reliance on Information Posted
The information presented on or through the Platform is made available solely for general information purposes and convenience. We do not warrant or make any representation to the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.
Information About You and Your Visits to the App
All purchases through our Platform or other transactions for the sale of goods or services provided or delivered through the Platform or as a result of visits made by you are processed by Apple Pay, Google Pay, or such other payment processing third party selected by Company in its sole discretion, and are subject to the terms and conditions and other policies or agreements governing use of those third-parties. Please read the terms and conditions and other policies or agreements governing use of such third-parties’ payment services before making any purchase through the Platform.
XpandCulture offers a limited version of the Platform to users free of charge. In order to enjoy and use the full version of the Platform, XpandCulture offers a subscription, whether monthly, annually, or otherwise, for purchase.
You may cancel your subscription at any time by sending us written notice of termination to info@XpandCulture.com, titling the email “CANCELLATION OF SUBSCRIPTION” or making a cancellation request with the third-party market or provider from which you purchased your annual subscription. The price you paid for the subscription will be prorated based on the number of full months you have remaining under your subscription. In no event shall any refund exceed the price for which you purchased your subscription.
XpandCulture may offer in-App purchases to its users. Any in-App purchase is non-refundable. Errors or complaints regarding in-App purchases should be directed to info@XpandCulture.com. In the event that XpandCulture determines in its sole discretion that an error or defect has prevented you from obtaining or using your in-App purchase, XpandCulture will either fix the error or defect or provide you with in-App credits.
Linking to the Website
You may link to our Website homepage, or make reference to the App, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish or post a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish or post a link from any website that is not owned or controlled by you.
The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the homepage.
You agree to cooperate with us in our efforts to cause any unauthorized framing or linking to immediately cease. We reserve the right to withdraw linking permission without notice, or to remove any link you post without notice.
Links from the App
If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in blogs, articles, advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and shall not be held responsible for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites for which links are made available on the Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
Limitation on Time to File Claims
Waiver and Severability
Alternative Dispute Resolution; Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY – IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND XPANDCULTURE CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTIONS, REQUIRE YOU AND XPANDCULTURE TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS.
Informal Resolution Process
To expedite resolution and reduce the cost of any dispute, controversy or claim between you and XpandCulture (a “Claim”), you agree to first attempt to negotiate and resolve any dispute you may have with XpandCulture or your use of the Platform in good faith and informally for at least thirty (30) days prior to initiating any formal proceeding (the “Informal Resolution Period”). You must provide notice to XpandCulture in writing including your name, address, contact information, the facts giving rise to the Claim, and the relief requested, before the Informal Resolution Period commences. During the Informal Resolution Period, all offers, promises, conduct and statements, whether oral or written, made in the course of negotiations by the parties, their agents, employees, and attorneys are confidential, privileged, and inadmissible for any purpose, including as evidence of liability, in arbitration or other proceeding involving the parties to the extent permitted by law.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO WAIVE YOUR RIGHTS TO RESOLUTION OF CLAIMS IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTES BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS AS SET FORTH HEREIN.
Arbitration shall be commenced and conducted under the American Arbitration Act Rules (the “AAA Rules”) in effect at the time the arbitration is initiated, and, where appropriate, the AAA Rules’ Supplementary Procedures for Consumer Related Disputes, both of which are available at the American Arbitration Association website www.adr.org. Notwithstanding the foregoing, if requested by you and proper based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different set of AAA Rules, but in no event shall the arbitrator consolidate more than one person’s Claims, or otherwise preside over any form of representative, collective, or class proceeding. You agree that the arbitration shall be administered before a single arbitrator mutually agreed upon by the parties, and if the parties cannot agree within thirty (30) days after the names of potential arbitrators have been proposed, then by a single arbitrator who is chosen by the American Arbitration Association.
As part of the arbitration, both you and XpandCulture will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Claims. The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual Claims. The arbitrator will decide the substance of all Claims in accordance with applicable law and will honor all claims or privilege recognized by law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules), provided that the arbitrator may award reasonable fees and costs or any portion thereof to the prevailing party, to the extent authorized by applicable law or the applicable AAA Rules.
The following types of Claims may be, but are not required to be, arbitrated pursuant to the procedure set forth above:
Small claims actions within the scope of small claims court jurisdiction and brought on an individual basis;
Applications for provisional remedies, preliminary injunctions, and temporary restraining orders, including those relating to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; or
Claims that may not be subject to arbitration as a matter of law, including but not limited to any waiver of class action found to be unenforceable by a court of competent jurisdiction.
Class Action Waiver
Except as otherwise required by applicable law, you agree that any arbitration will be limited to the Claims between you and XpandCulture individually. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING.
All notices of copyright infringement claims should be directed to: info@XpandCulture.com.
All other feedback, comments, requests for technical support and other communications relating to XpandCulture should similarly be directed to: info@XpandCulture.com and include the purpose of the feedback in the Subject of the email.
Copyright (C) 2020 XpandCulture, LLC. All rights reserved.
Product Site: www.XpandCulture.com
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