The Site, operated by CULTUREIGHT T COMMUNITY, INC., includes but is not limited to any and all pages within the CULTUREIGHT Community.
This Site is provided as an interactive and informational resource. It is by CulturEight Community (“us” or “we” or “our”), in connection with our partners, service providers, sponsors, or other affiliates. Certain services of this Site are provided to you in conjunction with our service provider, KickApps Corporation, and their content providers, business partners, and other parties (collectively, “Service Provider”).
Use of the Site
Various company, product, and service names displayed on the Site may be trademarks or service marks owned by others (the “Third-Party Trademarks”). Nothing on this Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Third-Party Trademark displayed on this Site. The Third-Party Trademarks may not be used to disparage any applicable third-party, any of their products or services, or in any manner in which, in our or our Service Provider’s reasonable judgment, may damage any goodwill in the Third-Party Trademarks.
The Site contains links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. In addition, the Site contains content posted, stored, or displayed at the direction of users of the Site, for which we and our Service Provider cannot accept any responsibility or liability.
By using the Site, you represent and warrant that you are 13 years of age or older. Your account may be terminated without warning, if we believe that you are under 13 years of age.
Membership in the Site is subject, in our or our Service Provider’s sole discretion, to termination at any time.
Use of The Community
By accessing our online travel forum “The Community” - http://community.cultureight.com, you agree to be legally bound by these terms. If you do not agree to be legally bound by all of the following terms then please do not access and/or use “The Community”. We may change these at any time and we’ll do our utmost in informing you, though it would be prudent to review this regularly yourself as your continued usage of “The Watering Hole” after changes mean you agree to be legally bound by these terms as they are updated and/or amended.
Our forums are powered by phpBB, which is a bulletin board solution released under the “General Public License” (hereinafter “GPL”) and can be downloaded from www.phpbb.com. The phpBB software only facilitates internet based discussions, the phpBB Group are not responsible for what we allow and/or disallow as permissible content and/or conduct.
You agree not to post any abusive, obscene, vulgar, slanderous, hateful, threatening, sexually-orientated or any other material that may violate any laws be it of your country, the country where “The Watering Hole” is hosted or International Law. Doing so may lead to you being immediately and permanently banned, with notification of your Internet Service Provider if deemed required by us. The IP address of all posts are recorded to aid in enforcing these conditions. You agree that “The Watering Hole” have the right to remove, edit, move or close any topic at any time should we see fit. As a user you agree to any information you have entered to being stored in a database. While this information will not be disclosed to any third party without your consent, neither “The Watering Hole” nor phpBB shall be held responsible for any hacking attempt that may lead to the data being compromised.
Posting Guidelines at The Community
(i). Forum and Private Messaging Rules
* Choose the appropriate category for your post.
* Be respectful of others. This applies to everyone, regardless of forum rank. Flaming, trolling or any other form of abuse will not be tolerated.
* Please refrain from becoming a ‘back seat moderator’. If you see a problem contravening a forum rule please bring it to the attention of a Moderator.
* Respect the bandwidth of other users and sites. The use of inline () image tags pointing to data stored on third party systems for which the user has not received permission to link to may be removed.
* Administrators and moderators reserve the right to edit or remove any post at any time.
* Posts containing, or linking to, any of the following will be removed and the account holder warned (or banned):
- profanity, pornographic or generally offensive text, images, links, etc.
- content which contains a statement that makes a false claim, expressly stated or implied to be factual, that may harm the reputation of G.A.P Adventures.
- any copywritten material for which they do not have permission to share.
- threats to other members or anyone in general.
- providing advice or posting messages which can be construed to be illegal or promote breaking laws.
- Unsolicited commercial website promotions, and other “spam” messages.
- Messages containing unauthorized, personal information about other forum users and/or G.A.P Adventures staff.
(ii). Post-Trip Feedback
* Post-Trip evaluations can be submitted to our Operations department here. If you have general comments or suggestions please use The Suggestion Box forum.
(iii). Posting print or web articles
* As stated above no member will post, upload, or otherwise make available any material protected by copyright, trademark, or other proprietary right. Users will be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. Newspapers, magazines and other online news articles are permitted under the following circumstances:
- Quotes are a maximum of 3 paragraphs in length.
- The author is credited and a link to the source article is provided.
* Signatures were enabled May 15/07. Do not include images or links to commercial websites in your signature.
* Users are permitted to link to a picture for use as an avatar but they are subject to the same rules in regards to decency as applied to forum posts. Avatars must be 100 pixels square (or less), 20KB in size (or less) and have consistently high availability (i.e. links to slow or unreliable servers may be removed).
We may change these at any time and we’ll do our utmost in informing you, though it would be prudent to review this regularly yourself as your continued usage of “The Watering Hole” after changes mean you agree to be legally bound by these terms as they are updated and/or amended.
The Site may now or in the future permit the submission of Content at the direction of users of the Site (“User Content”) and the hosting, sharing, and/or publishing of such User Content. You understand that whether or not such User Content is published, we and our Service Provider do not guarantee any confidentiality with respect to any submissions.
In addition to the foregoing licenses, you hereby grant both us and our Service Provider a perpetual, worldwide, non-exclusive, royalty-free, sublicense able and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with other websites that make use of services provided by our Service Provider.
If you are a copyright owner or an agent thereof and believe that any User Content or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (”DMCA“) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) 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;
(iii) 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 the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that you have 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
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Disclaimer of Warranty and Limitation of Liability
WE, OUR AFFILIATES OUR SERVICE PROVIDER, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT (INCLUDING THE USER CONTENT), INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR RELIABILITY. NEITHER WE NOR OUR SERVICE PROVIDER SHALL BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SITE AND THE CONTENT AT YOUR OWN RISK.
NEITHER WE NOR OUR SERVICE PROVIDER WARRANT THAT THE SITE WILL OPERATE ERROR FREE OR THAT THIS SITE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.
THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE AND OUR SERVICE PROVIDER HEREBY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
IN NO EVENT SHALL WE OR OUR SERVICE PROVIDER BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF A WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some countries, states or provinces do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH AREAS, OUR AND OUR SERVICE PROVIDER’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.