Kultura Place Inc. Terms of Service
Last updated: February 12, 2025
Kultura Place Inc. (“Kultura Place,” “we,” or “us”) provides its website(s) and associated products and services (collectively, the “Services”) to visitors (“Customer,” “you,” or “your”), whether or not they register or purchase products or services through the website(s), subject to the terms and conditions set forth in these Terms of Service (the “Agreement”).
By accessing or using the Services in any way, you agree to be bound by this Agreement. If you do not accept any of the terms of this Agreement and/or you do not meet or comply with its provisions, you may not use the Services. You represent and warrant that (i) you are at least 18 years of age and have the authority to enter into this Agreement; and (ii) if you are accepting this Agreement on behalf of an entity, you have the authority to agree to all of the terms set forth herein on behalf of such entity.
The disclaimers, terms, and conditions in this Agreement are of general application and may be supplemented by additional policies, procedures, disclaimers, guidelines, rules, terms, and conditions of specific application that we disclose.
Important Notice: YOUR USE OF THE SERVICES IS SUBJECT TO AN ARBITRATION PROVISION IN SECTION 7 OF THIS AGREEMENT, REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION. Please carefully review Section 7 of this Agreement for more information.
1. Services – General Terms
1.1 Kultura Place Materials
Our Services, systems, databases, and any and all other information, data, documents, materials, works, and other content, software, designs, workflows, and other technologies provided or used by Kultura Place in connection with the Services (collectively, the “Kultura Place Materials”) shall at all times remain the exclusive property of Kultura Place or its third-party licensors. Any third-party software included in the Services is licensed subject to the additional terms of the applicable third-party license.
1.2 Kultura Place Websites
Kultura Place operates and provides services through different websites. Each website may be governed by supplemental terms of service unique to such a website. In the event of any conflict between the terms of this Agreement and those in the Website Terms, the Website Terms shall control regarding your use of that website.
1.3 Grant of Access and Usage Rights
On the condition that you comply with your obligations under this Agreement, and subject to additional terms of any third-party licenses applicable to third-party software included in the Services, we grant you a limited, revocable, non-exclusive, non-transferable right to access and use the Services solely for your internal, personal, and/or non-commercial purposes.
1.4 Modification
We may discontinue or alter any aspect of the Services, restrict the time the Services are available, and restrict the amount of use permitted at our sole discretion and without prior notice or liability to you.
1.5 Removal of Access
Your access to the Services is provided on a temporary basis with no guarantee for future availability. We may immediately suspend or terminate your access to the Services or any part thereof at our sole discretion and without liability to you or any third party.
1.6 Defects and Availability
We use commercially reasonable efforts to maintain the Services, but we are not responsible for any defects or failures associated with the Services.
1.7 Restrictions
You may not:
- Sell, sublicense, transfer, or distribute any portion of the Services.
- Modify, reverse engineer, or attempt to learn the source code of the Services.
- Use the Services for unlawful purposes.
- Use automated systems to scrape or extract data from the Services without permission.
2. Establishing and Maintaining an Account
Access to certain Services may require registration. Any such registration shall be governed by applicable Supplemental Terms. For information about our collection of personal data, please review our Privacy Policy.
3. Ownership
3.1 Ownership of Kultura Place Materials
The Kultura Place Materials and Services are protected by intellectual property laws. You may not obscure or remove proprietary rights notices contained in or on Kultura Place Materials.
3.2 Your Content
Certain Services may allow you to upload, store, or transmit user-generated data. By submitting your content, you grant Kultura Place a nonexclusive, worldwide, royalty-free right and license to use, copy, display, and modify such content.
4. Representations
You represent and warrant that:
- All information provided is truthful and accurate.
- Your use of the Services complies with applicable laws.
- Your content does not infringe on any third party’s rights.
5. Disclaimers of Warranty
THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT GUARANTEE THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED.
6. Indemnity; Limitation of Liability
6.1 Indemnity
You agree to indemnify, defend, and hold harmless Kultura Place from any claims arising from:
- Your use of the Services.
- Your violation of this Agreement.
- Your content or submissions.
6.2 Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL KULTURA PLACE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE USE OF THE SERVICES.
7. Dispute Resolution and Governing Law
7.1 Governing Law
This Agreement shall be governed by the laws of the State of Georgia, without regard to conflicts of law principles.
7.2 Binding Arbitration
Any dispute arising out of or relating to this Agreement shall be resolved exclusively through binding arbitration under the rules of the American Arbitration Association.
8. Miscellaneous
8.1 Termination
We may terminate this Agreement at any time without notice. Termination does not affect accrued rights and obligations.
8.2 Privacy Policy
We collect, store, and use data in accordance with our Privacy Policy.
8.3 Entire Agreement
This Agreement constitutes the entire agreement between you and Kultura Place regarding your use of the Services.
8.4 Contact Us
If you have any questions, please contact us at:
- Email: support@kulturaplace.org
- Phone: 404-740-3515
By using the Services, you acknowledge that you have read, understood, and agreed to this Agreement.